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(영문) 청주지방법원 2016.01.14 2015고단1878
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a business with the victim B, committed a theft of cash stored in the said restaurant while operating a restaurant on the second floor of the public hall in the public hall in the public hall in the public hall in the public hall in the public hall in the public hall in the public hall.

1. On September 25, 2015, the Defendant: (a) intended to prevent the Defendant from photographing the CCTV installed on the first floor of the said building; (b) opened a studs under the first floor of the said building; and (c) cut the studs under the victim Co., Ltd. in the said location; and (d) cut the studs with CCTV at the market price equivalent to KRW 500,000 at which the images of the 1st floor parking lot of the said building were stored in the victim Co., Ltd.

2. On September 26, 2015, the Defendant: (a) around 03:00 on September 26, 2015, the second floor of the above cafeteria used the automatic entrance of the cafeteria, opened a door to return the cafeteria, and intrudes on the cafeteria; (b) opened the payment period for the gold transfer in which the victim B and the Defendant jointly owned by the victim B and the Defendant; (c) kept up the 300,000 won in cash, which is the joint ownership of the Defendant; and (d) kept up with the hack saw that prepared for the competition in advance at the depository located adjacent to the Kapit; and (d) cut down the 5.5 million won in cash owned by the victim B and the Defendant, which is jointly owned by the Defendant, with the 5.8 million won in Do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. A report on damage from E preparation;

1. Police seizure records (voluntary submission);

1. Written estimate;

1. Application of Acts and subordinate statutes to field photographs, CCTV lines tracking photographs;

1. Relevant Article 329 of the Criminal Act (a point in Section 329) and Article 330 of the Criminal Act concerning the crime (a point of larcenying a structure at night);

1. Selection of imprisonment with prison labor for selective larceny of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (self-help of the victim as a relative by himself/herself, who is the victim of the same kind of crime and the police.

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