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(영문) 창원지방법원 2018.03.07 2018고단219
야간건조물침입절도등
Text

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

Reasons

Criminal facts

On March 24, 2016, the Defendant was sentenced to a suspended sentence of one year to imprisonment with prison labor for night buildings, larceny, etc. at the Changwon District Court, and on June 9, 2016, the Defendant was sentenced to imprisonment with prison labor for two months by larceny, etc. at the Changwon District Court, and the judgment became final and conclusive on June 17, 2016, and the sentence of the said suspended sentence was invalidated, and on August 2, 2017, the execution of the said sentence was completed at the Changwon District Court.

1. Larceny of intrusion on night buildings;

A. A. Around December 10, 2017, the Defendant committed the crime committed on or around December 10, 2017: (a) around 07:20 on December 10, 2017, the victim D with the fourth floor of the Seongbuk-gu Seoul Building Co., Ltd., which was operated by the victim D; (b) intruded the victim through an unexpected door that was not corrected; and (c) 173,000 won in cash, which was the victim’s possession in the Defendant’s treasury for the calculation period, was stolen.

B. On January 9, 2018, the Defendant committed the crime at around 06:10 on January 9, 2018, at the “H” restaurant operated by the victim G on the second floor of the 2nd floor of the Sungwon-si, Changwon-si, Sungwon-si, the Defendant: (a) opened a corrected entrance on the restaurant signboard attached to the corridor and intruded up to the inside; (b) carried 250,000 won in cash, which is the victim’s possession in the depository; and (c) stolen the Defendant.

2. On January 13, 2018, the Defendant infringed on a thief structure: (a) around KRW 149,000 in cash, which is the victim’s possession in the Kashter credit cooperative located in the 2nd floor of Changwon-si, Changwon-si, Seoul Special Metropolitan City, and was in a drinking house operated by the victim JJ on the 2nd floor of the I building; (b) intrusion upon the entrance door at the entire storage of the corridor to open up the corrected entrance and up to be installed; and (c) ruptured with the key at the entrance

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G and L;

1. Investigation report (Correction of Victims to K Points);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the relevant case), and one copy of search report of prisoners;

1. Article 330 of the Criminal Act concerning the crime and Article 319 of the Criminal Act concerning the selection of punishment (a thief who intrudes into night structures) and Article 319 of the Criminal Act.

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