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(영문) 춘천지방법원 원주지원 2016.09.19 2016고단144
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 15, 2015, the Defendant: (a) around 01:20 on December 15, 2015, the Defendant: (b) went through the collection of clothes on the front of the “D laundry” route operated by the victim C in Gyeyang-gu Incheon, Incheon; (c) opened a window and intrudes into the said laundry through that window; and (d) stolen cash amounting to KRW 41,00,000, which is owned by the victim in the west or household.

2. On December 15, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a re-learning vehicle without obtaining a driver’s license from a section of about 20 km until he/she re-enters into a road in front of a Buddhist area of the Incheon Bupyeong-gu, Incheon (hereinafter referred to as the “Seoul Gyeyang-gu”) to a road in front of a Buddhist area.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each report on investigation;

1. Application of the detailed legislation on driver's license;

1. Relevant Article of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion on a structure at night), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a non-licensed driver's license point and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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