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(영문) 서울남부지방법원 2019.07.09 2019고단2011

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

1. Around October 2018, the Defendant found a gallon jun 7 cell phones equivalent to 200,000 won owned by the victim who lost his name in front of the C cafeteria in Seoul.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. At night, at around 02:00 on March 11, 2019, the Defendant stolen money and valuables worth KRW 28,500 in total four times in total, as shown in the annexed crime list, from around April 11, 2019, by using a cresh in around the street room operated by the victim E, who is a building located in Gangseo-gu Seoul Metropolitan Government, and opening a vinyl tent on the street, and rupture into it, and rupture up to which the victim owned the victim, and ruptured into it, and then thefted the victim’s rupture and rupture, which is the victim’s ownership.

3. On April 5, 2019, at G stores located in Gangseo-gu Seoul Metropolitan Government F on April 23:16, 2019, the Defendant stolen the victim’s cash 50,000 won, which is the victim’s possession of the victim, by using the gap in which the victim’s H was temporarily locked, with the victim’s lux, and the victim’s cash 50,000 won, which includes the driver’s license, the driver’s license, the resident registration certificate, and the national bank’s physical card.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of I, E, and H;

1. Report on internal investigation (Analysis of CCTV video recording in the scene of occurrence), investigation report (investigation into the detection of damaged materials other than the main case), investigation report (investigation related to the direction of a prosecutor);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act that apply to the crime, the choice of punishment (the embezzlement of stolen articles, the choice of imprisonment), Article 330 of the Criminal Act, Article 329 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.