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(영문) 인천지방법원 부천지원 2015.03.19 2015고단215
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

1. Night buildings, homicides and attempted larcenys;

A. On December 2, 2014, at around 02:55, the Defendant: (a) intruded into a warehouse outside the wall of the parking lot located behind the relevant marina warehouse; (b) did not discover stolen articles, such as cans, but did not commit attempted crimes.

B. On December 5, 2014, at around 03:07, the Defendant: (a) intruded into a warehouse beyond the wall of the parking lot located behind the Maart warehouse; (b) did not discover stolen articles, such as cans, beer, etc.; (c) but did not commit attempted crimes.

2. On December 18, 2014, around 02:42, the Defendant: (a) invadedd a structure at night with the victim D’s “Emart” located in Seocheon-gu, Seocheon-gu, Seocheon-si; (b) intruded into a warehouse beyond the parking lot fence located behind the relevant marina warehouse; and (c) took off the cans, beer, beer, and bed, having one gambling room in an amount of KRW 140,000 at the market price of the victim’s possession.

In addition, the Defendant, from around that time to January 8, 2015, stolen all cans, beers, and franchisings equivalent to a total of 740,000 won in the market price by the same method five times as shown in the annexed crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to one copy of a photograph of seized articles, e-mail image data taken on December 30, 2014;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

2. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed the instant crime repeatedly, and the Defendant did not make any effort to recover damage. On the other hand, the instant crime is committed.

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