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(영문) 서울중앙지방법원 2019.05.13 2019고단1304

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with prison labor for special larceny, etc. at the Seoul East Eastern District Court on October 22, 2016; two-year imprisonment with prison labor for at least eight-month in Seoul East Eastern District Court on June 22, 2016; and on July 1, 2016, the Seoul Northern District Court sentenced to a suspended sentence of four-month imprisonment with prison labor for night building intrusion, larceny, etc. at night; on January 19, 2017, the period of the suspended sentence became final and conclusive on May 18, 2017; the sentence of the suspended sentence became void; and on August 24, 2018, the period of the suspended sentence has expired. < Amended by Act No. 15287, Nov. 24, 2018>

On January 17, 2019, at around 22:00, the Defendant: (a) opened an entrance that was operated by the injured party C on the third floor of the Gangnam-gu Seoul building B, which was operated by the injured party C; (b) opened an open door that was not locked by the injured party’s think of theft of property; and (c) intruded inside the above beauty room; (d) opened cash amounting to KRW 833,00 owned by the injured party in the said beauty duct; (b) exceeded that time, the Defendant stolen total of KRW 2,869,000 on 11 occasions from that time to February 25, 2019, as shown in the separate crime list.

Accordingly, the defendant habitually intruded the victim's structure at night, and stolen the property owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written statement submitted by each victim;

1. Data-making photographs of CCTV, CCTV major pages, CCTV-making copies, CCTV-making copies, field CCTV photographs, each copy of output of CCTV-recordings, photographs extracted from the suspect of CCTV-recordings, photographs extracted from the scene CCTV-making images, photographs extracted from the scene CCTV-making photographs, printing out CCTV-making photographs, copies of output of CCTV-recordings at the scene of the crime, copies of output of E CCTV-recordings at the scene of the crime, and photographs at the scene of crime;

1. Photographs of the search and seizure site and clothes and photographs worn by the suspect;

1. Investigation report (verification of the form at the time of intrusion of a suspect);

1. A report on the results of conducting on-site inspections;