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(영문) 인천지방법원 2019.06.04 2019고단2666
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of eight months and six months.

Reasons

Punishment of the crime

1. Night-time theft of buildings;

A. On November 5, 2018, at around 23:59, the Defendant: (a) opened a 1st floor of the building and opened an office that was not corrected through the underground parking lot; and (b) intruded into it, and stolen three keys, the market price of the victim owned by the victim on his/her book cannot be determined.

B. On November 13, 2018, at around 00:55, the Defendant: (a) invaded upon the first floor customer center of Incheon Gyeyang-gu, which was not corrected at the time of “AX operations store”; (b) and (c) stolen the Plaintiff, with three lots of tobacco equivalent to KRW 135,000, total market price owned by the victim AX corporation.

2. On November 13, 2018, around 02:53, the Defendant attempted to larceny the victim AZ in Gyeyang-gu Incheon Gyeyang-gu, Incheon Metropolitan City (hereinafter “BA”), and attempted to enter a cafeteria with the window not corrected, and to open the cafeteria in the account unit. However, the Defendant did not commit an attempted crime, even though the Defendant was divingd and the emergency bell did not form the intent.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of the AU, BB, and AZ;

1. Application of CCTV photographs and photographs related to intrusion larceny in AX operations;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) 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. In light of the fact that the reason for sentencing of Article 2 and Article 60(1) of the Juvenile Act is repeated by the Defendant, and that the injury has not been recovered, the Defendant’s liability for the crime is not easy.

However, it is against the defendant's recognition of the crime.

It is not stolen by intrusion into the space in which people live, but is not significant in the amount of damage.

The sentencing conditions, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, are set forth.

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