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(영문) 대구지방법원 경주지원 2014.10.23 2014고단654
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six 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

Around 00:00 on July 26, 2014, the Defendant: (a) opened a lock-out entrance and intruded into the said restaurant; (b) opened a credit cooperative on the said restaurant, thereby cutting off cash of KRW 2.50,000,00 from July 1, 2014 to August 13, 2014; and (c) committed a theft of property or property by intrusion upon another’s building (However, the victim No. 7 was corrected to “F”), which was seven times in total, on seven occasions in total, as indicated in the list of crimes (i.e., the victim’s name was corrected to “F”). However, the Defendant did not commit a theft but did not commit such act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of the respective laws and regulations of I, J, F, K, D, L and M

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings) and Articles 330 (the points of larceny of night buildings) and 342 and 330 (the points of attempted larceny of night buildings);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the amount of damage is not large and that all the victims who stolen the damaged goods have agreed to do so, the fact that the victims who have stolen the damaged goods have been wrong and reflected through the living under detention, the fact that there is no criminal record other than the fine, the background

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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