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(영문) 수원지방법원 안양지원 2014.01.10 2013고단1628
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for night building intrusion larceny at the Seoul Central District Court for ten months, and was sentenced to four months of imprisonment with prison labor at the Seoul Northern District Court for larceny, etc. on May 11, 2012, and became final and conclusive on May 19, 2012, the sentence of the said suspension of execution was invalidated. On August 30, 2012, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Northern District Court for larceny, etc. and completed the execution of the said sentence in the Ansan Prison on August 31, 2013.

1. Night-time theft of buildings;

A. On September 30, 2013, around 22:00, the Defendant intruded into the victim D’s “E” type of a “E” type of food service operated by the Gu in Ansan-si, and did not open to the entrance, and the Defendant had the key to the office on his/her book.

Accordingly, the defendant stolen the property by impairing the structure that the victim can receive at night.

B. On October 4, 2013, the Defendant came to the above “E” office on October 4, 2013, and opened a entrance by using the keys as described in the preceding paragraph, and intruded into the office. The market price was 6,000 won in cash, which is the victim’s possession and kept there.

Accordingly, the defendant stolen the property by impairing the structure that the victim can receive at night.

2. Night buildings, thief;

A. On October 7, 2013, at around 21:00 on October 7, 2013, the Defendant intruded into an office through a window that was not locked for the purpose of stealing food, and attempted to drink food, but entered into a bed office, and failed to drink food.

Thus, the defendant tried to steals property by breaking a structure that the victim can receive at night, but did not commit an attempted crime.

B. On October 9, 2013, the Defendant came to food in the above “E” office around 00:30.

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