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(영문) 제주지방법원 2014.05.02 2014고단69
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Night-time buildings, intrusion and theft;

A. On December 14, 2013, at around 06:13, the Defendant: (a) opened and intruded into a tent in front of another restaurant; (b) opened and intruded into a tent in front of the other restaurant; and (c) stolen the 2 soldiers and the market value of the 7,000 won stored therein.

B. Around 06:06 on December 17, 2013, the Defendant intruded any cre in front of the above restaurant by other means as above, and then duplicating the cret into the tent by other means, and duplicating the cret amounting to KRW 3,500.

C. On December 19, 2013, at around 05:55, the Defendant: (a) intruded any cre in front of the above restaurant by other means as above; (b) invaded into the tent by other means; and (c) took possession of the amount equivalent to KRW 3,500 of the 1st week and the market price in custody, and stolen it.

2. Crimes of intrusion upon a structure and larceny;

A. On December 18, 2013, around 08:00 on December 18, 2013, the Defendant: (a) intruded any cret into a tent by the aforesaid method; (b) invaded into a tent; and (c) took possession of an amount equivalent to KRW 7,000 on a bridge 2 disease and market price kept therein; and (d) stolen it.

B. Around 11:00 on December 18, 2013, the Defendant: (a) intruded any cre in front of the above restaurant by other means; (b) invaded into the tent by other means; and (c) had the amount equivalent to KRW 3,500 of the 1st week and the market price kept therein, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of CCTV closure photographs and Acts and subordinate statutes on the time table for sunrise;

1. Relevant legal provisions and choice of punishment for facts constituting an offense: Articles 330 (Infence of Night Building Larceny), 329 (Infence of Larceny), and 319 (Infence of Building) of the Criminal Act; Selection of imprisonment for a crime of larceny and infusing a structure;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act are considered).

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