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(영문) 서울남부지방법원 2014.11.04 2014고단3704

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 13, 2014, at around 05:12, the Defendant entered the parking lot beyond the fenced in Gangseo-gu Seoul Metropolitan Government building B.

이후 피고인은 위 빌라 뒤편에 있는 창문을 통해 현관 안까지 들어간 다음 현관 출입문 안쪽에 있는 피해자 C 소유의 시가 250만 원 상당의 첼로 MTB자전거(CELLO 볼더 5.0) 1대, 같은 피해자 소유의 시가 130만 원 상당의 첼로 싸이클 자전거(CELLO MARCUS) 1대를 각각 끌고 나왔다.

The Defendant continued to gather strings of the victim D’s wing-frop truck driver’s key hole installed in the above Bara parking lot and then destroyed the strings by scaming them, open the door of the vehicle, cut off the hacks and hacks from the tools located in the front of the string, cut back the 8,000 won hacks from the tools located outside of the string, and moved the 2 bicycle back to the strings.

Accordingly, the Defendant, at night, stolen 2 bicycles in the total amount of 3.8 million won owned by the victim C, and 8,000 won and 8,000 won and hacks owned by the victim D at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. Application of damaged bicycle photographs, suspect bicycle theft photographs, and CCTV video-related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (8 to 1.6 months) of the mitigated area (special mitigation) (a person under special mitigation) and intrusion upon a place other than an indoor residential space (type 4); a person not subject to punishment; a person carrying a deadly weapon / (a person under special mitigation) or a person making a decision of sentence / a decision of sentence / a decision of sentence / a decision of sentence / the number of crimes and the circumstantial circumstances after crimes are poor, and a crime of the same kind is committed.