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(영문) 인천지방법원 2015.06.11 2015고단2108
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On January 1, 2015, the Defendant attempted to larceny at night buildings and attempted larceny, on January 22, 2015, after entering the escape room of the C (ju) building that had been previously employed by the Defendant located in the Southern-gu Incheon Metropolitan City, Nam-gu, Seoul, and then searched stolen articles, but did not carry out any money or valuables, and did not carry out such intent.

2. From January 30, 2015 to January 19:46, 2015, the Defendant: (a) intruded into the escape room of the building of the said C (ju) between around 22:00 and January 30, 2015; and (b) stolen the victim’s D’s market price stored in the Capitalnet with one set of 1 set of 400,000 won.

3. A thief: (a) around 10:00 on March 24, 2015, the Defendant: (b) discovered wallets at the entrance stairs of the room at which the Defendant had previously worked on the F building, which was located in Nam-gu Incheon Metropolitan City; (c) discovered the victim G-owned market price equivalent to KRW 600,000,000, and stolen it with a creb around the surrounding area’s surveillance neglected.

4. Around March 25, 2015, the Defendant attempted to larceny at night buildings on and around March 25, 2015, entered the escape room of the above C (State) building on and around March 20, 2015, and intruded with stolen objects, but did not have been discovered to the security guards of the above company, who were believed to have invaded the objects, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Written statements of D;

1. Report on occurrence of a theft;

1. A certificate of acceptance of damaged articles and a certificate of acceptance of damaged articles;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV closure photographs;

1. Relevant legal provisions concerning facts constituting an offense under Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and 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. The crime of Article 62(1) of the Criminal Act is against the suspended execution, the damage is restored to the victim; and

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