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(영문) 인천지방법원 2015.05.15 2015고단658
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 3 shall be confiscated.

Reasons

Punishment of the crime

[20:20 on February 2, 2015, the Defendant: (a) around 00:20 on February 2, 2015, at the coffee shop operated by the victim D located in Bupyeong-gu Incheon Metropolitan City, the Defendant confirmed that the business was completed, and opened and intrudes the entrance by force, and carried out one safe with cash of KRW 14,00,000, which is owned by the victim located in the carper.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

At night, it was prosecuted for larceny, but it is not residential building, and even if it was modified ex officio, there is no substantial disadvantage in the defendant's exercise of his/her right to defense, and thus, it is found guilty of larceny at night.

[2015 Highest 1384]

1. On December 25, 2014, around 07:13, the Defendant came to “G” operated by the Victim F in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. Around December 25, 2014, the Defendant confirmed the end of the business and loaded the windows by hand on his/her hand, thereby withdrawing KRW 178,000 in cash owned by the victim from the money receiver located in the carper.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On January 17, 2015, the Defendant: (a) around 04:30, at the “J” restaurant operated by the victim I located in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) confirmed the end of his/her business, and opened a restaurant door in his/her hand, thereby infringing on the reading center, thereby taking 60,000 won in cash owned by the victim from the money receipt and disbursement machine located in the knife.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

3. 피고인은 2015. 2. 2. 00:01경 인천 부평구 K에 있는 피해자 L이 운영하는 “M떡볶이” 가게에 이르러, 영업이 끝나서 가게가 비어 있는 것을 확인하고 손으로 가게문을 세게 열어 시정장치를 부순 후 침입하여 그곳 카운터 있는 금전출납기에서 피해자 소유의...

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