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(영문) 청주지방법원 2017.09.28 2017고단958
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was serving from around August 2015 to October 2016 in C operated by the victim B, was a person who was retired from his service from the victim B, and was willing to steal the transit from the vehicle with which the amount of retirement pay is low.

1. Larceny;

A. On December 4, 2016, at around 22:00, the victim parked in C office located in Seo-gu, Seo-gu, Seo-gu, Cheongju-si, opened the lids of the main oil tank and the main utility pumps (hereinafter referred to as the “packer”) and 20 liters transfer of oil in the main oil tank using plastics, thereby reducing approximately 30,000 liters from the market price to approximately 30,000 won.

L. A. L. theft was committed.

(b) On December 25, 2016, at the places indicated in paragraph (a) around 22:00, a transit of about 30,000 won in the market price shall be deducted by the same method;

L. A. L. theft was committed.

2. From January 15, 2017 to around 22:36, the Defendant who attempted to larceny shall deduct the Defendant from passing through a thief in the same manner as indicated in paragraph (a) at the same place between around 22:36 and around 22:36.

In other words, the CCTV installed on the above C Office was found and the crime was not committed, and the remaining intention was not achieved.

3. From January 15, 2017 to around 22:41 on the same day, the Defendant: (a) opened an entrance by means of the key to an emergency office attached to the entrance, and intrudes into the office; (b) brought about theft of intrusion on a night structure by using the key to an emergency office attached to the entrance; and (c) brought about theft of CCTV equivalent to KRW 1,500,000 at the market price on the door. The summary of evidence was to have been stolen.

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. On-site photographs and CCTV closure photographs;

1. Previous convictions: Inquiries about criminal history and investigation reports (reports on the results of confirmation of the previous convictions of the disposition and reporting on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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