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(영문) 수원지방법원 평택지원 2014.09.25 2014고단1138
야간건조물침입절도등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 17, 2014, the Defendant was enrolled in E operated by the victim D in Seoul Special Metropolitan City, Nowon-gu, for the same year, around February 17, 2014

5. 5. After the withdrawal, around May 6, 2014, around 20:30, a door was opened using the key entrance in the above E, and the cash 2,530,000 won and merchandise coupon 1,430,000 won were stolen, which were owned by the victim in the credit cooperative.

2. At around 00:10 on May 31, 2014, the Defendant, in collaboration with F, the Defendant’s middle school copied with F, the Defendant’s middle school copied, cut locked and high lockeds using the locker system prepared in advance in the above E, discovered the Defendant from the police who was dispatched after receiving 112 report while the Defendant attempted to cut the locked and high locked in the above E’s surroundings.

3. On July 18, 2014, at around 07:30 on July 18, 2014, the Defendant: (a) opened the entrance password at the victim H’s house located in Pyeongtaek-si G apartment; (b) intruded into the entrance number; and (c) cut off the cell phone amounting to KRW 1,050,000 at the victim’s H’s market price; (d) one visibility amounting to KRW 5.30,00,000 at the victim’s H; (e) one Hphone, cash amounting to KRW 520,000 at the market price; and (e) one cosmetics amounting to KRW 30,000 at the market price; and (e) two 190,000,000 at the market price owned by the victim’s J-owned market; and (e) charged the mobile phone amounting to KRW 15,00,00 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Statement of the police statement related H;

1. Each statement of I, J and D;

1. Application of the Acts and subordinate statutes to photographs of seized articles, locks photographs, and locked photographs used by suspects at the time of committing the crime, investigation reports (the statement of the victim, the details of attachment to the deposit slip), investigation reports (the confirmation of sunrise and sunset time);

1. Relevant Article 330 of the Criminal Act and Articles 342 and 331 (1) of the Criminal Act concerning facts constituting an offense, and the choice of punishment;

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