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(영문) 대구지방법원 포항지원 2016.04.20 2016고단68
특수절도등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 through 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal record] On December 27, 2012, the Defendant was sentenced to eight months of imprisonment for the attempted larceny of a structure at night in the Daegu District Court’s port branch, and completed the execution of the sentence on June 20, 2013.

[Criminal facts]

1. At night, at around 02:00 on December 20, 2015, the Defendant: (a) opened an unrecied main window in E cafeteria operated by the victim D at a port via port; (b) opened it as a hand; and (c) intruded into it into it, and cut off things owned by the victims in an amount of KRW 439,90,00 in total, total market price of KRW 20,00,000, and KRW 15,000 in total, market price of the victim’s ownership; and (d) stolen it, as described in Nos. 1 through 7, such as the list No. 7 of the crimes committed in the attached Form. 439,900, total market price of the victims’ ownership at night.

2. On January 11, 2016, at around 02:00, the Defendant: (a) destroyed a locking device by taking the back door knife by hand; (b) destroyed the locking device; (c) invaded into the knife the knife with cash of KRW 120,000 owned by the victim; and (d) stolen the knife at least four times in total, as indicated in Nos. 8 through No. 11 of the List of Crimes, the Defendant stolen the object totaled of KRW 675,00,000, which was owned by the victims by destroying and intrusiond a part of the structure at night; and (d) stolen the object in total of KRW 675,00.

3. On January 20, 2016, at around 03:00, the Defendant attempted to steal a part of a structure at night, and to steal an article owned by the victims by intrusioning on the part of the body of the victims located in South-gu, Nam-gu, Seoul, and then broken the window of the main door glass and intruded into the cafeteria, and did not find any stolen object. However, the Defendant attempted to steal an article owned by the victims by destroying a part of the structure at night on two occasions, such as the list No. 12 and No. 13 of the crimes committed in the attached Table No. 12, but the intent was not achieved.

4. An attempted thief who intrudes upon a structure at night; and

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