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(영문) 대구지방법원 김천지원 2018.10.10 2018고단607
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. Larceny of intrusion on night buildings;

A. On January 29, 2018, the Defendant, at around 02:28, 2018, stolen KRW 300,000 in total, including KRW 50,000, KRW 12,5,000, KRW 4,100, KRW 100, and KRW 10,000, KRW 300,000, in cash owned by the victim in a wall, after opening a locked back window and ruping the wall on the rupture, which was located in Kimcheon-si C.

B. On February 17, 2018, the Defendant, at around 02:35,20 on February 17, 2018, opened and intruded the unrected back window and 10,000 won in cash owned by the victim and 130,000 won in total, including 9,5,000 won and 20 won in cash owned by the victim on the cash register.

2. Attempted larceny of intrusion upon a structure at night;

A. On January 29, 2018, the Defendant committed the crime at around 02:33, 2018, in the “K cafeteria” operated by the Victim J in Kimcheon-si, Kimcheon-si, the Defendant opened and intrudeed the windows not corrected in the main toilet, and did not discover any object to be stolen in the carter, internal warehouse, etc.

B. On February 17, 2018, the Defendant committed the crime at around 03:00 on February 17, 2018, entered the “N cafeteria” operated by the victim Kimcheon-si L, with the door of the warehouse that was not corrected behind the restaurant in order to steal the property, and opened the window of the warehouse and intrudes into the door. However, as seen earlier, during the process of emitting water purifiers and chemical parts located within the window, the Defendant did not commit an attempted act without theft of the property by playing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, G, M and J;

1. Application of the Acts and subordinate statutes concerning each on-site photograph and each CCTV closure photograph;

1. Article 330 of the Criminal Act concerning the crime;

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 main sentence of Article 62 (1) of the Criminal Act;

1. Protective observation and community service order under Article 62-2 of the Criminal Act.

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