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(영문) 서울서부지방법원 2019.01.10 2018고정775

절도등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 9, 2018, around 07:08, the Defendant opened and opened a non-Correctioned visit to the victim C, D, and E located on the second floor of Seodaemun-gu Seoul Westerndong-gu, Seoul, for the purpose of stealing property from the point of view of theft.

Accordingly, the defendant invadeds on the room possessed by the victims.

2. The Defendant followed the victim D's bags located in the above date, at the above place, and 289,230 won of the market price of 20,000 won or more of the victim D's D's market price. After the victim C's bank, the Defendant saw one of the color cosmetics with cosmetics equivalent to 202,70 won or more of the market price of 37,420 won or more of the market price of 39,000 won or more of the victim C's market price, and put one of the blus blus blus amounting to 37,420 won or more of the market price of 39,000 won or more of the victim E's market price into the blus blus blus.

Accordingly, the defendant stolen the property owned by the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D, C, and E;

1. Investigation report (related to attaching details of damaged articles) and detailed details of damaged articles;

1. CCTV image data CDs;

1. Application of the Acts and subordinate statutes to photograph CCTVs on the spot and in the course of crimes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. Since the room recorded in the facts of the crime in the judgment is a space within a general restaurant with free access, the victims cannot be deemed to have de facto control and management of the room, and therefore, the crime of intrusion is not established.

(b).