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(영문) 서울북부지방법원 2020.09.22 2019고단2743

야간건조물침입절도

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who was employed by the victim C in the Gangnam-gu Seoul Metropolitan Government D's D's shop in the operation of the victim C and retired from office.

On February 27, 2018, at around 06:14, the Defendant released a security system using a security card kept adjacent to the entrance, opened an entrance and intruded into the entrance, and cut down cash amounting to KRW 2,988,000 owned by the victim, which is kept adjacent to the entrance.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant did not have a criminal record in addition to the two-time suspension of indictment due to the same crime; (b) the Defendant was led to confession and reflect; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances shown in the records and arguments of this case, including the Defendant’s age, character and conduct;