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(영문) 대전지방법원 2017.11.27 2017고단746
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

1. On December 12, 2016, the Defendant: (a) entered a restaurant operated by the victim D in Taedong-gu Seoul in the large exhibition around 02:00; (b) went beyond the fence; and (c) intruded into a mail in the said restaurant, and stolen rice of the amount of KRW 40,000 at the market price of the victim’s possession, which was located there.

2. On December 13, 2016, the Defendant entered the above restaurant more than a fenced around 02:42 on December 13, 2016, and intruded into a marina in the following restaurant, and stolen the drinking water of KRW 1.5L2 in the market value of the victim’s possession, which was located there.

3. On December 16, 2016, the Defendant entered the above restaurant more than a fenced around 02:33 on December 16, 2016, and intruded into a marina in the following restaurant, and stolen the drinking water of KRW 1.5L2 in the market value of the victim’s possession, which was located there.

4. On December 18, 2016, the Defendant: (a) went beyond a fenced to the above restaurant; (b) went into the restaurant; and (c) went into the restaurant and stolen the drinking water of KRW 1.5L 2 in the market value of the victim’s possession, which was located there; and (d) cut off the drinking water of KRW 4,000.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each report on investigation;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The basic area (one year to two years and six months) of the Act on the thth th th th th th th th th th th th th th th th th th th th th th th th th

However, on June 10, 2016, in view of the fact that the Daejeon District Court sentenced one year to a suspended sentence of 4 months in prison due to intrusion upon a structure at night, larceny, etc., but during the suspended sentence period, the degree of damage is insignificant, but the form of the theft of the vehicle going beyond the restaurant fence at night was interviewed and dangerous, etc., the corresponding punishment is imposed.

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