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(영문) 의정부지방법원 고양지원 2015.09.11 2015고단1912
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2015, the Defendant attempted to larceny a structure at night, and around 02:0, the Defendant failed to commit an attempted crime, even though he opened an external window at the aid clothes operated by the victim D and intruded into the victim D, and did not discover any things to be stolen.

2. At night, at around 02:00 on June 19, 2015, the Defendant: (a) stolen property worth KRW 474,500,00 in total by intrusioning on a structure at night six times in total by following the following crimes: (b) the Defendant, as shown in the attached Table of Crimes (1), such as theft of heavy clothes and straw strings in an amount equivalent to KRW 305,00 in total market value, such as 1 pactle string 305,00, 300, which was in place by the victim D, with outer windows installed in the remedy clothes room operated by the victim D, as described in paragraph (1).

3. At around 02:00 on July 3, 2015, the Defendant stolen property worth KRW 319,800 in total five times until July 25, 2015, including the following: (a) opening a door that does not correct G vehicle owned by the victim F that was parked on the street in Guro-gu Seoul, Guro-gu, Seoul; and (b) taking 3,000 won in cash money owned by the said victim on the vehicle, which was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Each statement prepared by H, D, F, I, and J;

1. A report on occurrence, records of seizure, and the list;

1. Application of the Acts and subordinate statutes on investigation reports (in relation toCCTV images and motion picture images, specifying a suspect, on-site inspection);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act which choose punishment, Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act;

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. Grounds for sentencing under Article 62-2 of the Criminal Act for probation and community service order: at night buildings, intrusion theft is the larceny crime, theft against general property.

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