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(영문) 수원지방법원 안산지원 2017.03.31 2017고단345
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 25, 2010, the Defendant was sentenced to one year and six months of imprisonment and five years of imprisonment on September 30, 2016 for robbery and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the support of Suwon Frigwon for Suwon Frigwon, and completed the execution of the sentence.

1. On December 2016, the Defendant: (a) at night 02:00, the Defendant: (b) opened a “E” restaurant operated by the victim D with the fifth floor of the building C in Ansan-si, Ansan-si; and (c) entered and intrudes into the said restaurant; (b) and (c) there; (d) there are ten drinking water in an amount equivalent to KRW 1,000 in the market price owned by the victim, which was kept in the cooling-si; and (d) KRW 30,000 in cash kept in the Kater credit cooperative located in the said place, respectively; and (e) there are five drinking water in an amount equivalent to KRW 1,00 in the market price owned by the victim; and

From that time to January 27, 2017, each of the money, valuables, etc. totaling KRW 254,500, in total, was stolen by intrusion upon each of the victim D and F's structures at night in the same manner eight times, such as the list of crimes in the attached list of crimes.

2. On January 31, 2017, the Defendant: (a) entered and intruded into the “H food store operated by the victim F, a member G1st floor in Ansan-si, Ansan-si on the following occasions; (b) and (c) if the Defendant was in the cooling house located therein and owned by the victim, the Defendant was aware of the police officer during the patrol while trying to drink out the excavation, etc.; and (d) did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of F and D;

1. Each investigation report (related to the amount of damage to the E cafeteria, and related to the confirmation of the amount of damage);

1. Non-H photographs, CCTV images, E-site photographs, and dried CCTV photographs on January 23;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (referring to the previous convictions and the attachment of printed matter of inquiry about confinement information);

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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