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(영문) 인천지방법원 2019.01.17 2018고단2964
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. At night, around 18:00 on January 13, 2018, the Defendant: (a) entered the J-Public Notice Hostel management room administered by the victim I on the third floor of H in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) and (c) stolen the victim’s age cirratization 1,50,000,000 won at the market value of the victim’s age, 30,000 won.

2. Larceny;

A. At around 17:00 on February 3, 2018, the Defendant entered the first floor L convenience store of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, and stolen the victim’s M by putting the gap in which the victim’s M was negligent in surveillance due to his/her other duties, with one string paper box on the display stand, and putting it into a bank.

B. On March 1, 2018, at around 10:42, the Defendant: (a) placed the rest of surveillance neglected due to the victim’s O in a soup room of Bupyeong-gu, Incheon, Bupyeong-gu N-gu, Incheon, 1018, with the key of 83 clothes that were adjacent to the other victim; and (b) took the custody of the victim’s clothes, etc., in custody; and (c) cut off them with an empty part of 200,000 won at the market price of 15,000 won in cash on the part of the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer concerning theO;

1. Each statement of M and I;

1. Application of CCTV images (suspects and scene of crimes), investigation reports (verification of sunset time), and statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to the crime (the point of larceny at night), the choice of punishment, and Article 329 of the Criminal Act;

1. From among concurrent offenders, crimes No. 1 [the scope of recommending punishment] for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, crimes No. 4 [the scope of recommending punishment] for general property, and crimes No. 2 and 3 [the scope of recommending punishment] for cases where a person intrudes into places other than indoor residential space (type 4] for the mitigation area (type 4), [the scope of recommending punishment] for general property (type 6-1 year and 6] for the basic area (type 6-1 year and 6 months] [the criteria for multiple crimes].

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