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(영문) 서울북부지방법원 2019.10.11 2018고단4944

야간건조물침입절도등

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A defendant shall be punished by imprisonment for not less than eight 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

[2018 Highest 494]

1. On November 4, 2018, the Defendant invadedd the above building through an open door of Dongdaemun-gu Seoul building on November 19:45, 2018, and opened a cryp board and removed approximately KRW 25,000 in cash, such as a cryp, managed by the victim D, who was located adjacent to the entrance of the “C” in the third floor.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On November 6, 2018, the Defendant, at around 00:51 on November 6, 2018, intruded into the building set forth in paragraph (1) through an open door, and went to “C” on the third floor of the said building, and taken approximately KRW 200,000 from the cash receipt machine managed by the victim D.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

[2018 Highest 5077]

3. On September 21, 2018, the Defendant: (a) around the 2nd floor charges settlement office administered by the Victim F (F) in Dongdaemun-gu Seoul, Seoul, around September 21, 2018; (b) confirmed that the windows of the above charges settlement office were opened and there was no concern about the surrounding areas; (c) infringed upon the above charge settlement office, which is a building, through the heated window, via the heated window; and (d) cut down the swine fest amounting to KRW 700,000,000 in cash in the management of the victim located in the electronic column.

4. On October 2, 2018, around 01:28, the Defendant: (a) intruded into the 2nd floor charge settlement office of the 2nd floor G, which is a structure, at the places indicated in paragraph (3) by the aforesaid methods; (b) attempted to steals property; (c) but (d) failed to recover the property to be stolen, and subsequently did not commit an attempted crime.

Summary of Evidence

[2019 Highest 494]

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on internal accidents and photographs attached thereto (the CCTV-in-house of a suspect), and photographs attached thereto;

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A report on the results of field identification;

1. The investigation report (the identification of the suspect's appearance for further crimes) and