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(영문) 의정부지방법원 고양지원 2017.01.05 2016고단3180
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 of intrusion on night buildings;

A. On October 8, 2016, the Defendant, at night, stolen structures at night, committed theft, with two slick poles in an aggregate amounting to KRW 8,000,00 in the market price owned by the victim C, who was placed on the first floor of the building B located in the Dong-gu, U.S., Dong-gu, U.S., Dong-gu, U.S., in order to prevent the theft.

B. On October 9, 2016, at night, the Defendant: (a) intruded into the above restaurant, which is a structure managed by the victim C in the same manner as the recorded in the preceding paragraph, from the restaurant recorded in the preceding paragraph on October 9, 2016; and (b) stolen two slives with a total amount of KRW 8,000, total market value of the victim’s ownership.

2. On October 11, 2016, the Defendant attempted to larceny the owner of a lawsuit owned by the victim C by intrusioning on the said restaurant in the restaurant as described in paragraph (1) at night, in the same manner as described in paragraph (1), but attempted to steals the owner of the lawsuit in the said restaurant. However, the Defendant did not commit an attempted crime even with the wind, which was discovered by the victim who was temporarily diving at the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Article 330 of the same Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed a theft or attempted to steals by intrusion upon the victim’s restaurant at the latest at three consecutive days’ night.

From the time of intrusion and its continuity, the nature of the crime is not good.

A criminal record of the defendant was committed for the same kind, and the damage was restored or agreed with the victim.

However, it is against the defendant, and the amount of damage is 16,00 won.

Some of the crimes were attempted.

In addition, the age, sex, family relationship, and crime of the defendant.

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