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(영문) 창원지방법원 마산지원 2017.08.17 2017고단657
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 2, 2017, the Defendant: (a) around 01:00 on May 2, 2017, at night, was a cafeteria operated by the victim D in Changwon-si, Changwon-si; (b) opened the window screen, and opened the window and intrudes into the restaurant, and (c) carried 239,000 won in cash, which is the cash owned by the victim who was in the Kater’s depository.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On June 3, 2017, the Defendant who attempted to larceny at night buildings came to fall into the place indicated in paragraph (1) around 02:00, and tried to open the windows and windows in order to intrude into the victim D operation restaurant and to steals the goods by means of the same manner as the written in paragraph (1). However, even though the Defendant tried to open the window and open the window in order to steals the goods by intrusion into the victim D operation restaurant, there was a double locking device installed on the window, and failed to enter the restaurant.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

2. The Defendant did not have any occupation and did not have any intent or ability to pay the price even if the Defendant used the PC because there was no money in possession.

A. On April 17, 2017, the Defendant: (a) around 05:00, the Victim G’s “HPC room” located on the first floor F in Changwon-si, Changwon-si, Changwon-si; (b) had the victim use the PC room from that time to that time, as if the victim would pay the usage fee; and (c) had the victim used the computer for about 13 hours from that time until 18:00 on that day; and (d) did not pay KRW 16,300, the Defendant acquired the same amount of pecuniary benefits.

B. On April 21, 2017, at around 10:00, the Defendant was provided with a computer for about 55 hours from that time until April 23, 2017, when using a room for the victim G, as if he were to pay the user fee, and the Defendant acquired a pecuniary benefit equivalent to the same amount by failing to pay 47,300 won.

(c)

On June 9, 2017, the Defendant completed the victim’s “KPC room” in the victim J. J. of the victim J in Changwon-si, Changwon-si, Changwon-si I and IV.

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