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(영문) 인천지방법원 2018.04.12 2018고단1515
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2018, the Defendant: (a) around 04:25, the Defendant: (b) entered the said singing room, which was located in Namdong-gu Incheon Metropolitan City, via the said singing room; (c) checked into the said singing room to steal money and valuables; and (d) confirmed that the Defendant had no choice to the camera; and (d) opened a bank from the victim E, which was kept in custody of the camera; and (e) opened the door to the camera; and (e) removed the wall.

In other words, 980,000 won in cash was stolen.

2. Attempted larceny of intrusion upon a structure at night;

A. On February 26, 2018, around 04:55, the Defendant: (a) entered the instant singing room in order to steals money and valuables at the same place as Paragraph (1) of the same Article; (b) checked into the said singing room through the said singing room, in order to steal money and valuables; (c) confirmed that there is no way to commit the said act; and (d) did not commit an attempted act by being discovered to the victim F, etc., who is the said singing room, while the Defendant was behind the money and valuables located in the said place.

B. On March 2, 2018, at around 03:05, the Defendant confirmed that the victim H’s “I Et” operated in Nam-gu Incheon Metropolitan City, Nam-gu G was out of the inside to steal money and valuables, and then intruded into the inner wall by sucking a plastic tent by a simple entrance, and then did not go to the police officer of the Twit-gu, dispatched upon receipt of a witness’s report, and did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J, H, E, and F;

1. The details of 112 Declarations, on-site photographs, and related photographs, such as ctv images at each scene of crime;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by telephone from the President of D sing machine);

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Criminal Act for the observation of protection;

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