(영문) 인천지방법원 2016.10.18 2016고단5565

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(영문) 인천지방법원 2016.10.18 2016고단5565

야간방실침입절도등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has worked as a delivery source at the “E” restaurant for the operation of the victim D in Nam-gu Incheon Metropolitan City.

1. On June 19, 2016, at night, the Defendant: (a) around 04:19, the Defendant: (b) opened a restaurant assistant to the said restaurant; (c) opened the key of the said restaurant in which the victim sent by mail; and (d) entered the said restaurant; and (d) carried 40,000 won in cash owned by the victim.

Accordingly, the defendant abused the victim's property by intrusion into the room possessed by the victim at night.

2. On June 26, 2016, around 06:13, the Defendant: (a) opened a restaurant assistant entrance and exit to the said restaurant in which the victim was able to steals cash owned by the victim; and (b) opened the key of the said restaurant in which the victim was posted, and entered the said restaurant.

Accordingly, the defendant invadeds on the room possessed by the victim.

3. The thief Defendant carried 600,000 won in cash owned by the victim and kept in the above restaurant depository at the time and place specified in paragraph 2.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Inquiries into sunrise and sunset hours;

1. CCTV images;

1. Application of Acts and subordinate statutes to report on investigation (revision of hours involved, CCTV comparison and analysis, and investigation of witnesses);

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, and the choice of punishment, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of night-time intrusion, the choice of imprisonment), Article 329 of the Criminal Act; and Article 329 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant has led to the confession and reflect of all crimes, the fact that the defendant

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