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수원지방법원 성남지원 2016.05.27 2016고단431

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 6, 2015, the Defendant intruded into a structure and stolen building: (a) around 10:13, the victim D, who manages the parking fee lawsuit in the Jung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Jinnam-gu, the Gyeonggi-do, opened and intrudes the entrance of the parking fee lawsuit using the cresh in which the victim D, who is managing the parking fee lawsuit, is a building, and carried 96,000 won in cash located in the safe, and stolen it.

2. Larceny, etc. against dry structures;

A. On November 13, 2015, the Defendant: (a) opened a window at the parking lot specified in paragraph (1) by means of a cresh in the victim D’s cresh; (b) opened an entrance outside the entrance and intruded through the entrance; and (c) 19,000 won in cash located in the safe; and (d) stolen it.

B. On November 26, 2015, the Defendant attempted to have cash located in the above parking lot by using the gap in which the victim G managing the parking fee lawsuit, which is a building, was located in the “F” located in the Jung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Self-Governing Province. However, the Defendant attempted to have cash located in the above parking lot by hand during the process where the windows of the above parking lot were sealed by other managers H contacted by the victim.

(c)

On November 26, 2015, the Defendant, at around 06:59, set up and intruded the entrance door of the above parking fee for the victim H, who manages the parking fee for a building, by receiving communication from the above D, as described in the above D’s paragraph or paragraph, and used it, stolen cash of KRW 29,000 in the safe.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to each photograph and investigative report (whether such act has been invaded at night);

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 342, 330 (a thief by intrusion upon a structure at night) of the Criminal Act, and 330 (a thief by intrusion upon a structure at night) of the Criminal Act.