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(영문) 창원지방법원 마산지원 2020.06.09 2020고단366
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 02:00 on March 15, 2020, the Defendant: (a) opened a locked window and intruded into “D” managed by the victim C in Changwon Masan-si, Masan-si; and (b) committed a theft of food, such as portable cans at the market price of KRW 5,000; and (c) committed an attempted theft of, or attempted to commit a theft of, another person’s property by impairing a structure at night over ten times in total, as shown in Appendix I, until April 10, 2020.

2. On March 21, 2020, at around 09:14, the Defendant purchased 2:00 tobacco equivalent to KRW 9,00 from the F, which was operated by the victim’s name in Changwon-si E, Changwon-si, the Defendant used a theft card that acquired and paid a total amount of 226,800 won by paying off the goods worth KRW 226,80,00 in total on seven occasions, as shown in Appendix II, as shown in Appendix II, by suggesting the completion of the G management H card under the name of the Defendant as a legitimate holder, such as the list I and No. 3 of crimes committed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Each written statement K, L and M;

1. Reports on internal investigation (victim I's first internal investigation);

1. A report on internal investigation (in-house investigation into an on-site inspection site and a stolen corporation's check-backed card user);

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Attachment of photographs of raised suspect);

1. A report on internal investigation (attaching CCTVs and field photographs);

1. Investigation report (Attachment of photographs, such as seized articles);

1. Investigation report (to be accompanied by a suspect's physical color and CCTV images if the crime is committed);

1. Investigation report (specific as the damaged goods);

1. Application of Acts and subordinate statutes to investigation reports (verification of sunset hours related to crimes around March 16, 2020);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act (a thiefing of a structure at night) and Articles 342 and 330 of the Criminal Act shall be committed at night;

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