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(영문) 대구지방법원 2019.01.24 2018고단4661
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a safety worker working in the C Safety Management Office located in Daegu Jung-gu, Seoul.

1. On September 3, 2018, the Defendant: (a) was a day-time employee, who had no right to access the department store; (b) was in front of the victim D’s new store located on the third floor of the outdoor parking lot in Daegu Jung-gu, Daegu-gu, in front of the store of “E” store managed by the victim D; (c) and (d) attempted to commit theft by using the cresh of the entrance and exit which was not corrected; (b) however, the Defendant did not find stolen objects and attempted to commit such theft.

Accordingly, the defendant attempted to steals property by impairing a structure managed by the victim at night.

2. On September 15, 2018, the Defendant: (a) was a day-time employee on September 23:53, 2018; (b) entered into the shop, using an emergency exit door-to-day located in Daegu Jung-gu, Daegu-gu; and (c) not corrected in C5 floors; and (d) was stolen by having five gifters, the total market value of which is KRW 8,705,00,00, which were sold at the display room, in the “G” store managed by the victim F.

At around 23:58 on the same day, the Defendant continued to commit theft with a total of 12,680,000 won of the 111 visual market value, which is a product for sale in the display site, in the view of “I”, which is a visual store managed by the victim H on the second floor of the above C underground.

Then, around 00:06 on September 26, 2018, the Defendant committed theft with a total of 25,270,000 won of the 20 visual 20 clock in the display site, which was a visual store managed by the victim JJ on the said C underground level.

Accordingly, the defendant stolen the property amounting to the total market value of KRW 46,655,00 from the victim's intrusion on a structure managed by the victims at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning H, J, F, and L;

1. Written statements prepared in D;

1. Each protocol of seizure;

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