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(영문) 서울북부지방법원 2016.07.01 2016고단1044

야간건조물침입절도미수등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Power of crime] On April 21, 2016, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on April 21, 2016, and the judgment became final and conclusive on April 29, 2016.

[Criminal facts] 2016 Highest 1044

1. On October 1, 2015, the Defendant: (a) around October 23, 2015; (b) around October 20, 2015, the Defendant: (c) opened a “D” restaurant operated by the victim C in Seongbuk-gu Seoul, Seoul; and (d) opened a home visit without correction to steals money and valuables; and (c) entered the house.

In spite of the fact that there was no cash in the credit cooperative, it was attempted due to the absence of cash in the credit cooperative.

"2016 Highest 1137"

2. On December 12, 2015, the Defendant: (a) around 04:5 on December 12, 2015, the victim F prosecutor in the Gangnam-gu Seoul Northern-gu E2 level is the nurse working for the pertinent hospital; (b) although money and valuables stolen by the Defendant are not personal money of the nurse, but money owned by the hospital; (c) the victim is changed to F, the president of the hospital.

The G dental clinic operated shall open a closed door without correction and enter the door.

60,000 won in cash in the book room after intrusion by the panel and opening a book in the room for calculation; and 40,000 won in cash in the book room;

In other words, a total of KRW 100,000 was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and H;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, and each written judgment (Seoul Eastern District Court 2616No. 298, 2016 High Court 29).

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

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 in the suspended sentence is against the defendant's wrongness, the victim F of the larceny in the night structure does not want the defendant's punishment, and the judgment was rendered simultaneously with special larceny in the judgment of the court.