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(영문) 대전지방법원 서산지원 2015.07.16 2015고단387
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 28, 2015, the Defendant: (a) around 02:38, the Defendant: (b) opened a “E” restaurant operated by the victim D located in Chungcheongnam-gun, Chungcheongnam-gun; and (c) intruded into the restaurant, resulting in theft of at least 50,000,000 won in cash, which is the victim’s ownership in that place; and (d) cut off one of the simplified safes equivalent to KRW 50,000 in market value.

2. Around 13:00 on May 8, 2015, the Defendant: (a) committed suicide and attempted larceny; (b) committed an attempted crime on the part of the victim G located in the west-gun F, Chungcheongnam-gun, with a mind to steal the victim’s property; (c) obstructed the collection of the victim’s property; and (d) obstructed the front door of the house; and (d) intruded the front door of the house; and (e) did not interfere with the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Report on occurrence of a theft;

1. Data to capture on the site, such as field forest photographs, field oil satisfaction photographs, E-cafeteria photographs, CCTV photographs, and CCTV images in E-cafeterias;

1. Application of Acts and subordinate statutes of written evidence of satisfaction;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 330 ( point of larceny at night), 342 and 329 ( point of attempted larceny, Selection of Imprisonment) of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Larceny of general property (the special mitigation area : 4 months) (the special mitigation area : 4). When the defendant intrudes into a place other than an indoor residential space (the decision of sentencing) / [the decision of sentencing ] the defendant, who has invaded another person's structure within a short period of time, attempted to steals property and intrude another person's residence into another's residence, and steals property and attempted to steals property. The defendant has been sentenced more than 10 times for the same crime, which is disadvantageous to the defendant, and there is no criminal record of having been punished for the same crime since 2009.

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