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(영문) 서울중앙지방법원 2020.08.20 2020고단4178

야간건조물침입절도등

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

The defendant is a person with no fixed residence and occupation. At night, the defendant was able to steals money and valuables by entering the hotel or restaurant with neglected surveillance by leaving the office at night.

1. On May 9, 2020, at around 02:40 on May 9, 2020, the Defendant left the hotel managed by the victim B in Jung-gu Seoul, Jung-gu, Seoul, and then arbitrarily entered the entrance and exit number of the entrance, which was recognized as being put in to the hotel, and intruded into the entrance, and then cut off two and one life number, which was 5,000 won in total, of the market price of the victim’s possession in the front of the hotel managed by the victim B in Jung-gu, Seoul.

From that time, the Defendant, from June 2, 2020 to June 05:00, stolen money and valuables by intrusioning on the hotel, restaurant, and restaurant at night on seven occasions in total, as shown in the list of crimes in the attached Table.

2. On May 8, 2020, the Defendant, in a situation where there is no money in water, entered the entrance and password of the entrance of the victim before the pertinent hotel managed by the victim B on May 8, 2020 to provide an unpaid accommodation, and went into the entrance after arbitrarily entering the entrance and exit of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Each statement of E and F;

1. Each report, each internal investigation report, and each investigation report;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act and imprisonment with prison labor for the option of applicable provisions concerning facts constituting an offense, and for the selection of punishment;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Making an order for compensation as the scope of liability for compensation is not clear under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation.