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(영문) 광주지방법원 2016.09.09 2016고단2489
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 27, 2016, around 01:27, the Defendant: (a) infringed on a structure at night; (b) intruded inside a restaurant through an unlocked main window; (c) 150,000 won in cash owned by the victim’s owner at a simplified credit cooperative located in the calculation team; and (d) stolen it.

2. Attempted larceny of intrusion upon a structure at night;

A. (1) On May 15, 2016, the Defendant invadedd inside a restaurant through the main window that was not temporarily set at the place specified in paragraph (1) around 01:00 on May 15, 2016, and subsequently attempted to steal money and valuables owned by the victim C, such as opening the west in the calculation unit, but did not discover any money and valuables to be stolen. However, the Defendant did not commit an attempted crime.

2) On May 26, 2016, at around 00:50, the Defendant intruded inside the restaurant through the main window without locking at the place specified in paragraph (1), and opened and viewed the west in the calculation unit, etc., attempted to steal money and valuables owned by the victim C, but did not discover any money and valuables to be stolen, and did not commit an attempted crime.

B. On May 24, 2016, the Defendant committed the crime against the victim E at around 02:00, and invaded inside the restaurant through the window on the side of the unlocked parking lot operated by the victim E, and subsequently, attempted to steal money and valuables owned by the victim, such as opening the ice in the calculation unit, but did not discover any money and valuables to be stolen, and did not constitute an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Each statement of the victims;

1. Application of each of the CCTV images, photographs of seized objects, and each of the visual Acts and subordinate statutes to each photograph;

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning criminal facts;

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

1. The Criminal Act, the suspension of execution;

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