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(영문) 수원지방법원 2016.04.06 2016고단897
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 February 8, 2016, the Defendant attempted to larceny at night buildings: (a) around 05:25, on the road in front of the “E” restaurant for the operation of the victim D, which is located in Young-gu, Young-si; (b) removed the entrance door in front of the “E” restaurant for the operation of the victim D; and (c) attempted to open a safe located in the carcter and take cash in front of the entrance; and (d) failed to bring the matter out of cash. However, there was no cash.

Accordingly, the defendant invadedd a structure at night, and attempted to steals the victim's property, but did not commit such crime.

2. Larceny of intrusion on night buildings;

A. On February 16, 2016, around 00:31, the Defendant released the corrected windows on the top of the “H” restaurant operated by the Victim G in Suwon-gu, Suwon-si, Suwon-si, with a cash of KRW 400,000,00, which was under his/her possession, and went back to the Defendant, after having removed the corrective device up to 2-3 detailed times, and intruded into the draft.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

B. On February 22, 2016, around 00:57, the Defendant: (a) opened and intruded into a closed window in front of the “K” restaurant operated by the victim J of the Damage J in Young-gu, Young-si; and (b) went back with the cash equivalent to KRW 4,500,000, in cash owned by the victim in the safe using the Ga located in the main room.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G, D and J;

1. Seizure records;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 342, 330 (a violation of a structure at night) and 330 (a violation of a structure at night) of the Criminal Act concerning criminal facts;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of recommendations to commit the theft of at night buildings and the crimes punishable by the first crime [the scope of recommended punishment];

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