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(영문) 대구지방법원 상주지원 2019.11.26 2019고단377
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:36 October 2, 2019, the Defendant: (a) intruded into a restaurant at the “D” restaurant operated by the victim C, which was located in the Si-si B, through the cafeteria, and (b) took off and stolen the cash amount of KRW 1.2 million owned by the victim, which was located in the safe of the relevant accounting unit; (c) from that time until August of the same month, 2019, the Defendant attempted to steal or steal the property worth KRW 3.45 million in total over 16 times, as shown in the attached Table 1, from that time by the same method until August of the same month.

Accordingly, the defendant invadedd the victim's structure at night and stolen or attempted to steals property.

On October 8, 2019, the Defendant, at around 04:26, 2019, intruded into the “G” restaurant operated by the victim F, who was permanently stationed in E, through an unlocked window, and then intruded into the restaurant, and the market price of the victim, which was located in the calculation team, Nos. 1, 2, 1,300,000 won (hour 1,200,000) in the market price of the victim, appears to be clerical error.

A considerable amount of Samsung Nomt North Korea saw and stolen it, and in the same manner on the same day, a total of KRW 1.3 million was stolen, or a total of three times, such as the attached list 2 in the same manner on the same day, or a total of KRW 1,300,000, or a property was stolen and attempted.

Accordingly, the defendant invadedd the victim's structure at night and stolen or attempted to steals property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each statement and written petition;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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

1. The suspended execution reflects the error of Article 62(1) of the Criminal Act.

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