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(영문) 의정부지방법원 2018.01.22 2017고단5644
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On November 2, 2017, the Defendant: (a) at night, on November 2, 2017, the Defendant: (b) opened an entrance that was not set up at around November 17:34, 2017 at the “E” ceremony for the operation of the Victim D, located in Gyeonggi-gun Group D; and (c) infringed upon the inside, carried KRW 500,000, which is the cash owned by the victim; and (d) stolen the building.

B. On November 27, 2017, the Defendant: (a) opened a gate that was not set up at the place indicated in the foregoing paragraph (a) around November 27, 2017; and (b) went into the inside, and stolen the 120,000 won in cash owned by the victim D, which was in custody in the said place; (c) on November 27, 2017.

2. On November 9, 2017, the Defendant infringed on a structure and stolen a gate at around 13:36, 201, which had not been set up at the place indicated in the foregoing paragraph (a), and invaded the inside of the entrance and stolen the building with KRW 758,00,000, in cash owned by the victim D at the wall located on the table.

3. On November 11, 2017, the Defendant: (a) opened a gate that was not set up at the “H” in the operation of the Victim G located in Gyeonggi-gun, Gyeonggi-do on the surface of November 14:25, 2017; and (b) invaded upon it and deducted KRW 330,000 in cash, which is the ownership of the victim and kept in the Kabter, from the inside of the entrance;

In order to bring about, the cash was detected from the victims who appeared at the above site, and the escape was attempted by the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, and I;

1. Application of Acts and subordinate statutes governing the scene of damage, investigation reports (verification between sunset), sunset time table, and guidance at the scene of crimes;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 319 (1) (a point of intrusion upon a structure, choice of imprisonment), 329 (a) of the Criminal Act and Articles 342 and 329 (a choice of imprisonment), of the Criminal Act concerning the crime, and Articles 342 and 329 (a thief by attempted charge and choice of imprisonment);

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. Suspension of execution;

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