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(영문) 수원지방법원 2016.10.27 2016고단4884
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 9, 2016, at night, the Defendant: (a) had the intent to steal goods on a parked vehicle near the “C” inspection garage located in Suwon-si, Suwon-si B; (b) had intruded into the said garage managed by the victim D; (c) had the said “C” infringed on the vehicle managed by the victim D; and (d) had 4,000 won in cash owned by the victim on board the vehicle, which is the victim’s own parked.

Accordingly, the defendant invadedd another person's property at night, and stolen another's property.

2. The Defendant: (a) stolen cash at a temporary location under the preceding paragraph at the same time; (b) destroyed and damaged the window of the garage set forth in the preceding paragraph by cutting off the string line of the Bridge car; and (c) invaded upon C inspection connected to the said garage by opening the window on the site where the window was installed and the window was installed; (d) opened an unrecovered driver’s seat on the inspection end by the victim E, who is the head of the headquarters of the foregoing C, parked at the inspection end, tried to steal cash on the part of the said vehicle, but did not carry out such intent on the wind without cash.

As a result, the defendant tried to steals another's property by destroying part of the door at night and impairing another's management structure, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 331 (1) of the Criminal Act (a crime of larceny at night);

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

1. Recognizing their mistakes under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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