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(영문) 창원지방법원 마산지원 2017.05.16 2017고단346
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 23, 2017, around 05:25, the Defendant: (a) infringed on a structure at night; (b) came to the Section D “D” located in Changwon-si Mapo-si, Changwon-si; and (c) was stolen by having one S A8 personal phone-phone at the victim E’s house, which was in the victim E, who intruded into the second floor of the 2nd floor, and was in the view of galloning the market value equivalent to KRW 600,000,000, the victim owned.

2. On March 23, 2017, the Defendant: (a) intruded on the three floors of “D” as indicated in paragraph (1) around 05:30 on March 23, 2017; (b) discovered the bank of the victim F; and (c) followed the bank in order to locate stolen objects; but (d) failed to locate stolen objects.

3. On March 14, 2017, around 12:00, the Defendant: (a) committed as if he/she was aware that he/she would take a taxi operated by the victim G and pay the price to the taxi at the bus stop located in the Malwon-gun, Gyeongwon-gun; (b) used the said taxi to Busan Marine Transportation Team; and (c) used the said taxi again to the Masan-si Police Station located in the window of Changwon-si, Changwon-si, Changwon-si; and (d) used the said taxi again to the Masan-si Police Station located in the Changwon-si, Changwon-si.

However, the defendant did not have the intention or ability to pay the fees even if he uses the victim's taxi due to the lack of money.

As above, the Defendant did not pay the taxi fee, and thereby acquired the pecuniary benefits equivalent to KRW 150,00 from the taxi cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (only with respect to the statement of a blind person) on police statements made by the police in relation to E, F, H and G, and investigation report (a letter sent by the injured person to his/her dependent);

1. Application of the investigation report (fixs of CCTV images) and the photographic Acts and subordinate statutes attached thereto;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Articles 342 and 330 (a thief by intrusion upon a structure at night) of the Criminal Act, and Article 347 (1) of the Criminal Act (a thief by intrusion upon a structure at night) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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