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(영문) 인천지방법원 2016.05.19 2016고단1649
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months from June 3, 2015 by imprisonment with prison labor for night structure intrusion larceny at the Incheon District Court’s Branch, and the execution of the said punishment was completed at the ign vocational training institution on October 28, 2015. On January 22, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court’s Vice Branch Branch, and the sentence became final and conclusive on March 10, 2016.

【Criminal facts constituting a crime】 On October 28, 2015, the Defendant: (a) entered a restaurant to raise living expenses while living without his/her occupation; (b) purchased knobs, etc. at the convenience store in order to steal another’s property; and (c) displayed the target.

1. Larceny of intrusion on night buildings;

A. On November 18, 2015, the Defendant committed a crime on November 18, 2015, around 04:00 on November 18, 2015, confirmed the fact that the Defendant completed the business with the victim D and was absent.

The Defendant removed the toilet window in which the victim was frightened, removed the toilet window, and entered it, and stolen the loss amounting to KRW 1,000,000 in cash contained in the kitchen and the swine wrek.

B. On November 19, 2015, the Defendant committed a crime on November 19, 2015, and confirmed the absence of the Victim G (31 years old) after completing the business with the Victim G around around 04:20 to 04:30 on November 19, 2015.

The Defendant: (a) opened a video room with the victim’s opening, and entered into it, and stolen cash amounting to KRW 9,000, which was entered in the credit cooperative in the calculation team.

2. Attempted larceny of intrusion upon a structure at night;

A. On November 04, 2015, the Defendant: (a) around 04, 01:40 on November 1, 2015, and (b) confirmed the absence of the Victim H (63) after completing the business operation in Jongno-gu Seoul Metropolitan Government and J cafeteria.

The defendant tried to steals money and valuables, such as breaking the main window which was opened by the victim's store, breaking the door, and confirming the cash withdrawal machine, card settlement machine, etc., but did not discover cash, but did not commit an attempted crime.

(b) with respect to the Victim K.

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