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(영문) 부산지방법원 2016.02.15 2015고단8775
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to intrusion theft at night at the Incheon District Court, etc. on November 7, 2015, and completed the execution of the sentence at the Gesung Vocational Training Correctional Institution on November 7, 2015.

1. On December 17, 2015, the Defendant attempted to larceny at night buildings, and opened a locked door and intruded into a warehouse where the trade name of the victim D operation in Busan Jung-gu, Busan is unknown, around 07:03, and attempted to steal property owned by the victim, but did not have such intent on the wind that does not discover stolen property.

Thus, the defendant did not commit a theft of the property owned by the victim at night due to the intrusion on the building managed by the damaged person, and did not commit an attempted crime.

2. On December 17, 2015, from around 07:03 to 11:00 on the same day, the Defendant intruded into a structure, opening and going to a locked entrance for the purpose of committing larceny as described in paragraph (3) for the victims F to “G” in Busan Jung-gu.

Accordingly, the defendant invadedd on the building managed by the damaged person.

3. The Defendant stolen 10,00 UN (Korean currency conversion amount to KRW 96,454), which is a victim F owned by the Defendant, at the time, at the place, set forth in paragraph 2, and at the same time and place, 2 copies of household checks with no par value, 2 copies of resident registration certificates, 2 copies of driver’s license, 1 copy of driver’s license, 5 credit card, 2 copies of cash withdrawal card, etc., and 240,000 won at market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Goods printed out from the first round of a month or from a time for gambling by the Korea Meteorological Administration;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Confirmation during the period of a suspect, repeated crime);

1. Article 342 of the Criminal Act applicable to the crime, Articles 342 and 330 of the Criminal Act (the attempted larceny of intrusion upon a structure at night), Article 319(1) of the Criminal Act (the point of intrusion upon a structure at night, the choice of imprisonment with prison labor), and the Criminal Act.

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