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(영문) 춘천지방법원 강릉지원 2015.12.03 2015고단943
야간건조물침입절도
Text

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

except that 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

The Defendant is a person who operates the “C Frequency” on the first floor of Gangseo-si building B.

The Defendant, using the crepans without night manager in the building B, was able to steal the dissolution at the satisfaction of other houses located on the first floor of the building B and entered the building B again at around 01:00 on December 8, 2014, and went into the building B again at around 01:0 on December 8, 2014, and came into the frequency house operated by the Defendant.

1. On December 8, 2014, at around 01:20 on December 8, 2014, the Defendant intruded into “E frequency collection” operated by the victim D, and has a vitality equivalent to KRW 700,000 from sunrise to sunrise, and cut off by putting the Defendant into the water satisfaction pool of the frequency collection operated by the Defendant;

2. On December 8, 2014, at around 01:30, 201: (a) intrudes into “G frequency collection” operated by the Victim F; (b) has 8 marbling lines equivalent to KRW 840,00 from sunrise to sunrise; and (c) has stolen the marbing pipes operated by the Defendant into a marbium of the Defendant’s frequency collection;

3. On December 8, 2014, around 01:45, the victim H intrudes into “I frequency collection” operated by the victim H, and took a uniform equal to KRW 500,000,00, from a water tank located in that area, and stolen it by inserting it into a water tank of the frequency collection operated by the Defendant.

Accordingly, the defendant stolen the articles owned by the victims of the total amount of KRW 2,040,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, F, and D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated for the offense against the victim F with the largest penalty);

1. 8 months and 1 year and 6 months of the suspended sentence, comprehensively taking into account the fact that there is no criminal record against the defendant for the reasons of sentencing under Article 62(1) of the Criminal Act that he/she has the same criminal records or fines, and other various circumstances, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., of the defendant:

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