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(영문) 의정부지방법원 2017.01.23 2016고단4611
건조물침입등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny by the District Court of the Republic of Korea on October 16, 2015 and completed the execution of the sentence on June 6, 2016.

1. Intrusion upon a structure;

A. On October 7, 2016, the Defendant: (a) on October 7, 2016, around 07:45, the Government of the Republic of Korea, issued a trade name “E” operated by the victim D, “E” on C2 level; (b) stolen property into the building through the first floor door; and (c) went to the building through the outside rail through the open door of the second floor corridor; and (d) moved to be be beer and moved to beer; and (d) opened a beer window and entered the coffee shop.

B. On October 11, 2016, the Defendant: (a) around 07:30 on October 11, 2016, at around the same city F, obtained property from the victim G in front of the “H” restaurant operated by the victim G; and (b) opened an entrance and opened an entrance to the restaurant by using the land-to-land siren (7cm) prepared in advance to steals the property.

Accordingly, the defendant invadedd the victim's structure respectively.

2. Larceny;

A. Defendant 1 infringed inside the coffee shop with the trade name “E” operated by the victim D at the same time as set forth in the above 1-A, and 400,000 won, which is the cash owned by the victim, within the deductible expenses, in the manner set forth in the above 1-A.

B. In front of the restaurant operated by the injured party G at the same time as the above 1-B, the Defendant intruded the inside of the restaurant by the same method as the above 1-B, and held a cell phone of 120,000 won in cash, which is the victim’s possession, and a cell phone of 120,000 won in the market price, which is the non-speed person’s name, located adjacent to the restaurant.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G and A;

1. A report on the results of field identification;

1. CCTV photographs inside the business establishment;

1. Intrusion path photographs of the suspect, and moving path photographs of the suspect;

1. The raise of suspect who has been confirmed on the moving route;

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