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(영문) 광주지방법원 순천지원 2015.05.15 2015고단157
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Larceny;

A. On September 12, 2014, from around 16:00 to around 18:00, the Defendant opened a door that was parked in the “D” nearby the “D” located in C, and opened a door that was not corrected by the victim E, who was parked in the “D,” and stolen KRW 60,000 in cash owned by the victim.

B. From around 22:00 to 23:00 on November 19, 2014, the Defendant: (a) opened a door that was parked in G at the vicinity of “H-based store” located in G; (b) opened a door that was not corrected by the victim I, who was parked therein; and (c) cut off with a single market price of KRW 220,000,000, as soon as the victim owned in the back seat.

2. On January 2, 2015, at night, the Defendant: (a) committed theft of a structure at night; (b) around 02:45, the Defendant opened the entrance door of the second floor with the keys on the third floor, where the entrance was opened; and (c) invaded upon it for the purpose of theft; and (d) stolen KRW 200,000 in cash owned by the victim who was in the calculation unit.

3. On January 23, 2015, the Defendant attempted to larceny an object by inserting a multi-purpose knife (hereinafter referred to as “clicker knife”) which the Defendant was in possession of, into the entrance entrance entrance of the entrance entrance for the purpose of theft at night, around 02:15, in the place specified in paragraph (2) of the same Article, for the purpose of theft. However, the Defendant was arrested and attempted to arrest a police officer dispatched to the victim’s report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to N orO;

1. Investigation report (as to the closure of CCTV image data submitted by the victim N), photographic register;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act, Article 330 of the Criminal Act, and Articles 342 and 330 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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