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(영문) 인천지방법원 2013.05.02 2013고단1415
야간주거침입절도등
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. On January 31, 2013, at around 03:30 on January 31, 2013, the Defendant: (a) opened an unlocked main window, opened an unlocked main window, and stolen it with the sum of KRW 36,000,00, in a credit cooperative where the carper was located in a restaurant, by putting off the shock net attached to the outside of the main window at hand at the E-house of the victim’s D operation located in Yeonsu-gu Incheon Metropolitan City.

2. On January 31, 2013, at around 04:10, the Defendant: (a) intruded into a restaurant through the main window that was not locked at the H restaurant operated by the victim G located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and discovered stolen objects; (b) was discovered to the victim G, who was within the cafeteria, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements prepared in D;

1. Application of seizure records, seized articles, photographs and on-site photographs and statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a point of larceny of a structure at night), Articles 330 (a point of larceny of a structure at night), 342, and 330 (a point of attempted larceny of a structure at night);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it reflects the situation, the location of intrusion is less dangerous, the damage was recovered, the victims have agreed to do so, and the fact that there is no past and no penalty power exceeding the fine)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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