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(영문) 수원지방법원 안산지원 2017.04.20 2016고단4868
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four 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;

A. The Defendant, from around 01:00 on November 9, 2016 to around 02:00, 70,000 won in cash owned by the victim and carried out games in the “PC room” located in Ansan-si, the management of the victim C during the period from around 01:0 to around 02:0, within the scope of 70,000 won in cash owned by the victim and kept under his/her control by his/her employees using the lock cre

In other words, they stolen them.

B. From around 01:00 on November 11, 2016 to around 02:00, the Defendant: (a) carried out a game at the same place as above; (b) carried out the cash owned by the Defendant and kept under the Kabter by an employee who was in custody of the Kabter by taking advantage of the Kabre cre in which the Kabter was locked.

In other words, they stolen them.

2. At night, on November 15, 2016, the Defendant: (a) intrudes into the victim’s cash in such places as above with a view to thefting cash at night; (b) and (c) did not collect KRW 354,000 in cash owned by the victim, which was kept under the Kacter, after the employees intruded by the Kacter with a view to stealing cash at the said places;

Then, this was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief for intrusion at night) and Article 329 of the Criminal Act (a thief for intrusion upon residence and 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. Crimes No. 1 for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (Scope of Recommendation / [Scope of Punishment] 4 types (In the case of intrusion 4 types) in the area of special mitigation (4 months to 1 year and 6 months), [4 types), in the case of intrusion into places other than the indoor residential space, and crimes No. 2 in the area of mitigation (4 months to 4 months), in the area of mitigation (4 months to 10 months), in the area of mitigation (4 months to 10 months), (3) in the area of general property [the scope of recommendation] in the area of mitigation (4 months to 10 months] in the area of general property [the scope of punishment] in the area of mitigation (4 months to 10 months), in the area of punishment [the scope of final punishment due to the increase of majority crimes who are not subject to special mitigation] in the area of punishment: April to 2 to 10 days [the defendant] in this case on the date of public trial

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