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(영문) 창원지방법원 2020.08.13 2020고단1950
야간건조물침입절도등
Text

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

A Handphone (Calaxy No. 4 S-LTE) seized shall be the victim's name partner.

Reasons

Punishment of the crime

[criminal power] On June 12, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Changwon District Court, and the execution of the sentence was completed on April 11, 2020 in the Changwon Prison.

【Criminal Facts】

1. Night-time theft of buildings;

A. On June 5, 2020, at around 02:38, the Defendant opened a 50,000 won in cash owned by the victim C at a “D” restaurant operated by the victim C at the 1st floor of the Kimnam-si, Kim Young-si, and intruded into it.

Accordingly, the defendant stolen the property by impairing the victim's structure at night.

B. On June 20, 2020, the Defendant: (a) opened a vinyl that was not corrected in front of the restaurant operated by the victim F of the victim F of the first floor of the building Kimnam-si, Kimnam-si from around 02:00 to around 04:00; and (b) intruded into it; and (c) opened one set of plastic sugars equivalent to KRW 3,00, the market price of the victim’s possession in the main room.

Accordingly, the defendant stolen the property by impairing the victim's structure at night.

2. From the end of April 2020 to the beginning of May 2020, the Defendant acquired one cell phone 4 mobile phones from the unclaimed gallon of the market value, where the victim was lost, on the front day of the 11116-2, in the city of Gyeongnam-si, Kim Jong-si.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

As a result, the Defendant embezzled the property to deviate from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. Photographs and a list of 112 reported cases;

1. Records of seizure and the list;

1. Each report, investigation report, and accompanying documents;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Article 330 of the Criminal Act and Article 360 of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of punishment;

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