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(영문) 대구지방법원 2019.02.21 2018고단5330
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

1. Night-time theft of buildings;

A. On August 26, 2018, the Defendant: (a) around 04:05, around August 26, 2018,: (b) around 04:05, the Defendant: (a) opened a side door between the said seeds; (c) opened the screen of the windows; (d) opened the screen of the said seeds; and (d) intruded into the said seeds; and (e) went out KRW 200,000 in cash owned by the victim in the calculation counter.

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

B. On August 2018, 2018, the Defendant: (a) around 04:00 on the lower end of August 2018, the Defendant: (b) opened the instant restaurant at around 04:00; (c) opened a window behind the said restaurant at around 04:00; and (d) intruded into the restaurant; and (c) went out with approximately KRW 40,000 in cash owned by the victim in the vicinity of the said restaurant.

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

2. On August 27, 2018, around 04:00 on August 27, 2018, the Defendant attempted to larceny property after intrusion into the said Health Center through the back door, and did not find any property to be stolen.

Thus, the defendant had invaded upon another person's structure at night and tried to steals property, but he did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C, F, and I’s statements;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) 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. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the Defendant, despite the fact that he had been punished several times by committing larcenys in the past, is thiefeing crimes by entering thiefs, rice tea, rice tea, stoves and health clinics at night.

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