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(영문) 수원지방법원 여주지원 2017.10.17 2017고단1064
야간건조물침입절도
Text

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

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

Reasons

Punishment of the crime

On May 2, 2016, the Defendant, around 04:08 on May 2, 2016, transported the operating expenses of the Senior Citizens Association, which was managed by the victims E, with the safe custody of KRW 665,00,00 in cash, by intrusion into the senior citizens' association through a window that was not corrected for the elderly's association located in Ison-si, E around 04:08.

On August 3, 2017, the Defendant: (a) 04:00 on August 3, 2017, the Defendant: (b) invaded the inside of the restaurant through an unlocked back door into the H operated by the victim G in the wife population F; and (c) stolen the boom and kimchi equivalent to KRW 5,000 at the market price at that place.

"2017 Highest 1155"

1. On August 11, 2017, the Defendant, who attempted to larceny at night buildings, was in the middle office located on the first floor of the wife population I and was in the vicinity of the Defendant who opened a window in which air conditioners and does not correct and opened an air conditioners and opened a window in order to steal money and valuables by intrusion upon the inside.

The intention was not achieved by K's wind, but was attempted.

2. The Defendant damaged property: (a) discovered the victim K at the time and place specified in the above paragraph 1; (b) taken the victim’s escape from the escape; and (c) taken the victim’s cell phone equivalent to KRW 500,000 in the market value from the victim who seeks to report to the police, and destroyed the victim’s cell phone.

Summary of Evidence

"2017 Highest 1064"

1. E statements;

1. Statement protocol with respect to E;

1. Agreement 2017 high group 1124;

1. G statements;

1. Application for a punishment: "2017 Senior 1155";

1. Application of the Acts and subordinate statutes of K;

1. Relevant Article 330 of the Criminal Act (a thief by intrusion on a structure at night), Articles 342, 330 (a person who attempts to larceny a structure at night) and 366 of the Criminal Act concerning facts constituting an offense;

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. Reasons for sentencing under Article 62-2(1) of the Criminal Act for the observation of protection and observation are as follows: (a) agreement is reached with the victims of the 2017 senior order, 1064 senior order, 2017 senior order, 1124 senior order, 2017 senior order, 1155 senior order.

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