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(영문) 청주지방법원 2017.02.07 2016고단1591
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 12, 2016, around 23:00, the Defendant: (a) was divingd by entering a non-permanent office in the number of D University Hospital units located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) intrusion into the office of the State branch of D University Hospital on March 13, 2016; and (c) intrusion into the above D University Hospital 305 Department of Rehabilitation in the Department of D University Hospital No. 305 on March 13, 2016; and (d) theftd with a new bank physical card with one victim E-owner’s own intention.

2. On March 13, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at G convenience stores located in Seo-gu Daejeon, Seo-gu, Daejeon. Around March 13, 2016, the Defendant presented and settled the stolen physical card, such as paragraph (1), as if the lawful holder was the lawful holder, and then, he received the delivery of the female 1 tobacco, who is likely to have been at the market price of KRW 5,000 from the employees of the above convenience stores, and used the stolen physical card, which was obtained by deceiving the total amount of KRW 44,850 won from around the same day to April 4, 201.

3. On March 17, 2016, the Defendant invadedd a structure by opening an entrance with the third floor of the said hospital without the consent of the general manager and the victim H working for the D University Hospital located in Seo-gu Daejeon Special Metropolitan City, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. Each written statement of E, I and J;

1. A document to be submitted by a victim, and a detailed statement of use of a card unlawfully used by each suspect;

1. Application of CCTV image data-faging statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (the point of larceny of intrusion into night buildings), Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 319 (1) of the Criminal Act (the point of intrusion into buildings, the choice of imprisonment), and Article 70 (1) 3 of the Act on Financial Business Specializing in Credit;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason for sentencing of concurrent crimes (incrimination), Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (incrimination).

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