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(영문) 수원지방법원여주지원 2020.11.27 2020고단994
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Night-time theft of buildings;

A. On March 30, 2020, at around 20:07, the Defendant entered the second floor warehouse via simple stairs in order to prevent CCTV from operating by forcing the electric breaker installed therein, and opened a door at the 1st floor office close door and intrude into the door, and cut off cash 150,000 won in the possession of the victim under custody on the west.

B. On April 1, 2020, at the place indicated in the preceding paragraph around 19:05, the Defendant: (a) opened a door in which the first floor office is closed and intrudes into the door; and (b) stolen cash owned by the victim, which was kept in the West on the book, with KRW 85,00,000, at the same time.

2. Intrusion upon a structure, theft;

A. On March 23, 2020, at around 17:25, at the place indicated in the preceding paragraph, the Defendant opened a door at which the office of the first floor is closed and intruded into the door, and thefted with cash of KRW 200,000 owned by the victim under custody on the book.

B. On April 2, 2020, the Defendant, at around 17:09, committed a 100,000 won in cash owned by the victim who was under custody in the West on the book, provided that CCTV does not operate in the same way as the written in the preceding paragraph, and that the Defendant opened a door at 1st floor office and intruded into the door, and then stolen the cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the CCTV photographs, field photographs, and CCTV video CD-related Acts and subordinate statutes to the police's statement to D;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the points of intrusion upon a structure at night and the choice of imprisonment) of the choice of punishment;

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

1. Suspension of execution;

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