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(영문) 부산지방법원 2018.02.22 2017고단6098
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant sent a small range of main points located in Busan Dongdong-gu C, D, E, F, etc., at low time or at a new wall, to a small-scale main points located in Busan Dongdong-gu C, Busan, and attempted to steal cash by taking it into consideration the main points, such as the main points where female business owners are locked, or where they are locked within the main points where they finished their business and shut down the door.

Accordingly, at around 19:00 on April 2015, the Defendant: (a) opened an unsatisfying door, opened an unsatfying door, and intruded into the main store; and (b) stolen the cash owned by the victims in the state of 300,000 won.

In addition, from April 2015 to November 7, 2017, the Defendant intruded into a structure managed by the victims at night on nine occasions, such as the list Nos. 1 to 8 and 10, and stolen it with an aggregate of KRW 6,970,000 in cash owned by the victims, and used it as stated in the list Nos. 9 and 11 of the crimes in the attached Form. On November 7, 2017 and on two occasions around November 16, 2017, the Defendant attempted to take property owned by the victims by intrusion upon the structure managed by the victims at night, but tried to take property from the victim’s possession at night due to the wind or locking of the victim. The Defendant invaded the victim at night, as described in the list No. 12 of the crimes in the attached Form, and carried out an attempted property back to the entrance managed by the police officers at night on November 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made with respect to J, K, L, M, H, and N;

1. Written statements of J,O, and P;

1. A report on the results of field identification;

1. In the investigation report (Attachment of photographs, such as the scene of Q crime), one page to open a correction device of the Q main entrance entrance, one page to the damaged gate, one set of the entrance, and one set of a main entrance during diving service, A shall be installed.

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