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(영문) 춘천지방법원 원주지원 2018.05.31 2017고단868
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

1. On February 2015, the Defendant committed a crime in the middle of February 2015, into the “D store” operated by the victim C in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju-si, and dismantled the correction device of the kitchen with the kitchen knick, thereby withdrawing KRW 300,000 in cash owned by the victim.

L. A. L. theft was committed.

2. On July 2015, the Defendant: (a) intruded into the Franman House on July 2015, 2015, at around 01:00, 300,000 won in cash owned by the victim by demolishing the correction device of the Franman House; and (b) demolishing the correction device of the Franman as above;

L. A. L. theft was committed.

3. Around November 18, 2016, the Defendant intruded into the said rice farm around November 18, 2016, and removed 400,000 won in cash owned by the victim by demolishing a correction device of a credit cooperative in the aforementioned manner after dismantling the correction device.

L. A. L. theft was committed.

4. Around January 23, 2017, the Defendant intruded into the said rice farm around January 23, 2017, and removed the cash amounting to KRW 2.5 million owned by the victim by demolishing the correction device of the credit cooperative in the aforementioned manner after dismantling the correction device.

L. A. L. theft was committed.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. The application of the provisions of the Act and subordinate statutes to take photographs of visual CCTVs on the mobile route, to take photographs of video images on the EPC screen after committing a suspect, and to the photographs of video images on the EPC room;

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

1. A crime falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] Article 1 of the Act on the Punishment of Concurrent Crimes (the scope of punishment] Article 4 of the Act on the Larceny against general property [the scope of punishment] Article 2 of the Act on the Punishment of Concurrent Crimes [the scope of punishment recommended] where a person has intruded into a place other than indoor residential space [the scope of punishment] Article 4 of the Act on the Larceny against general property [the scope of punishment] Article 3 of the Act on the Mitigation against General Property (the special mitigated person] where a person intrudes into a place other than indoor residential space [the scope of recommended punishment] Article 4 of the Act on the Larceny against general property [the scope of punishment] where the number of indoor residential spaces is mitigated (the scope of special mitigated persons from August 1 to June 6].

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