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(영문) 의정부지방법원 2018.02.21 2018고단140
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 2016, 2016, the Defendant: (a) stolen the victim E, who was locked in a “D jum or water surface” room located in Macheon-si, Sncheon-si; and (b) stolen the victim E, with one sheet of gallon phone, No. 2 cell phone, No.Hyup Bank, and one resident registration certificate equivalent to KRW 800,000,000, respectively.

2. On December 28, 2017, the Defendant for theft of a structure intrusion at night, opened and filled a door not set up in H “H” camera managed by the victim G in Spocheon-si F on December 28, 2017, around 20:48, by the victim G in Spocheon-si, Mapo-si.

4,500 won tobacco 2 A at the market price of the victim's possession in the display stand was stolen.

3. On December 29, 2017, the Defendant: (a) committed larceny of structures at night from around 05:34 to around 05:39 on December 29, 2017; (b) opened an entrance that was not set up in the said H’s car page between around 05:39 on the same day; (c) opened the entrance, and (d) took a cigarette of KRW 88,000 in cash possession of the victim G possession and the market price of KRW 4,50 in the tobacco display stand kept in the safe.

4. On January 2, 2018, the Defendant: (a) from around 22:50 on January 2, 201, 201 to around 23:00 on the same day opened an entrance that was not set up in the said H’s car page between around 22:50 and around 23:00 on the same day; (b) was stolen with KRW 205,000 of cash possession of the victim G possession kept in the treasury.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G, E, and I;

1. On-site photographs (H intrusion theft), CCTV images, each record of seizure and seizure list, photographs damaged by seizure, photographs of each damaged article, and descriptions of CCTV photographs, and the application of statutes on images;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act chosen to impose punishment (abstinence, choice of imprisonment), and Article 330 of the Criminal Act (abstinence of any structure at night);

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstance for sentencing as follows) (a) is [the scope of punishment under law] imprisonment with prison labor for not more than 15 years (a type of decision): larceny.

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