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(영문) 수원지방법원 성남지원 2021.03.25 2020고단4011
야간건조물침입절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On September 29, 2020, around 02:10 on September 29, 2020, the Defendant: (a) infringed upon the victim B at night; (b) intruded the restaurant to the restaurant; (c) went into the restaurant; (d) went into the restaurant to the restaurant; and (d) stolen the b03,00 won of the market value at that place.

B. On September 29, 2020, around 02:10 on September 29, 2020, the Defendant: (a) infringed upon the victim E at night; (b) intruded the restaurant to the restaurant in the cafeteria F, Sungnam-si Macro, the victim E; and (c) stolen it with one plate in a column equivalent to KRW 5,000 in the market value from the air conditioners located therein.

2. On September 29, 2020, the Defendant damaged property: (a) laid the CCTV wire installed by the victim E for the purpose of hiding the Defendant’s theft crime in the G “G” located in Sungnam-si, Sungnam-si; (b) around 02:48, around September 29, 2020; and (c) laid down the said wire.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim B and E;

1. Application of the Acts and subordinate statutes to photograph seized articles, such as a field photograph, the suspect's photographic photo, the obbbial tabbs prior to committing the crime, and the appearance into the scene of committing the crime;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night) concerning the facts constituting an offense, and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with prison labor);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant intruded into the second restaurant at night, thereby thefting food equivalent to KRW 218,00 in total, and destroyed by cutting off CCTV electric wires.

In addition to the contents and risk of each of the crimes in this case, the defendant shows an attitude against the defendant, theft against food and its amount are not much high, and the fact that the defendant has been punished for larceny has been relatively old.

The age, sex, environment of the defendant, and others.

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