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(영문) 대전지방법원 홍성지원 2017.09.13 2017고단390
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant: (a) opened a back door to the “D” restaurant of the victim C’s operation in Hongsung-gun, Chungcheongnam-gun on May 23:17, 2017; and (b) intruded into the said restaurant; and (c) cited a safe of KRW 100,000 at the market price, which includes approximately KRW 20,000,000,000,000,000,000,000 won.

In the end, the Defendant invadedd the structure managed by the damaged person at night, and stolen the property.

"2017 Highest 508"

1. On June 22, 2017, the Defendant assaulted the victim F in Hongsung-gun E at the main point of “G” where the victim F works as an employee, and during a dispute with the victim’s money problem, he/she was at the victim’s head with his/her head, thereby pushing the victim’s arms with his/her hand.

2. The Defendant damaged property: (a) avoided disturbance at the time and place specified in paragraph 1; and (b) around 23:29 of the same day, the Defendant collected one bicycle for the victim’s bicycle owned by the victim H before the above main shop operated by the victim H, and took the wall of the above main shop, and was accompanied by the Defendant’s repair cost of KRW 25,000.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

"2017 Highest 390"

1. Statement by the defendant in court;

1. C’s statement;

1. Investigative report (Evidence Nos. 3), photographs extracted from CCTV, field photographs "2017 Highest 508";

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Application of Acts and subordinate statutes to a field photograph or a receipt for bicycle burial;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (the point of larceny of intrusion into night buildings), Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment with prison labor), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, as well as all kinds of sentencing recorded in the records, such as the Defendant’s age, sex, environment, and circumstances before and after the instant crime.

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