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(영문) 창원지방법원 통영지원 2018.02.01 2017고단1431
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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 occupied the victim’s Ba on the loan held by the Defendant, but the loan was transferred to another person by auction, resulting in the Defendant’s failure to receive a refund of KRW 60 million paid to the victim, with the intention to steal the money and valuables of the victim.

On January 22, 2017, when the Defendant was parked in D’s front parking lot, which is a used car sales store in the victim’s operation, the Defendant: (a) had one of the keys in the market price in Ebsz car owned by the victim; (b) one of the keys in BMW vehicle with approximately KRW 400,000 in the market price; (c) one of the keys in BMW vehicle with approximately KRW 17,000 in the market price; and (d) had one of the two keyss, from around that time until March 22, 2017, the Defendant attempted to steal or steal the victims’ property at a total of 11 times, as indicated in the attached list of crimes, from around 00:50.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to B or F;

1. Protocols of police seizure and list of seizure;

1. Investigative report (the statement, etc. of the victim), investigative report (the fact of the additional crime of the suspect), investigation report (the movement route of the suspect and related photographs attached to the time of the crime), investigation report (as to the wall A and the wall B, which are damaged by the F), investigation report (as to the wall A and the wall B, which are damaged by the damaged by the victim), investigation report (Attachment of a photograph of seized articles), investigation report (as to the document of purchase of the key of the victim FW vehicle);

1. Application of statutes on time table for sunset;

1. Relevant provisions of the Criminal Act and the Articles of 329 (Influence, Selection of Imprisonment), 330 (Influence of at night buildings), 342 of the Criminal Act, and 342 of the Criminal Act concerning the crime (influence of larceny of intrusion upon night buildings) of the Criminal Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order, even if the defendant was unable to receive the deposit from the injured party.

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