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(영문) 서울중앙지방법원 2019.10.29 2019고단4545

야간방실침입절도등

Text

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

Reasons

Punishment of the crime

around 21:30 on June 18, 2019, the Defendant: (a) opened a “D” restaurant operated by the 1st floor C of the Gangnam-gu Seoul Metropolitan Government B building; (b) opened a female-sponsing room at the entrance of the said restaurant; and (c) opened and intruded into the said restaurant; and (d) opened the said restaurant’s cash 20,000 won and 20,000 won in cash of the victim E and 20,000 won in cash of the victim E, 85,000 won in cash of the victim F, and 10,000 won in cash of the victim G.

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

From July 3, 2019 to 15:30 on July 3, 2019, the Defendant: “I” restaurant located on the second floor of the Seocho-gu Seoul Metropolitan Government H building; using the gaps in surveillance in the surrounding area, the Defendant stolen KRW 43,00,00 in total, including KRW 53,00,000, for cash 50, which is owned by the victim, from the family room of the victim JJ, which is suffering from a fire-fighting inspection team.

Summary of Evidence

"2019 Highest 4545"

1. Defendant's legal statement;

1. Statement to C by the police;

1. Voluntary submission of USD 2;

1. Each internal investigation report and investigation report (No. 2, 5, 9, and 17 No. 17 of the evidence list) "2019 order 5048";

1. Defendant's legal statement;

1. Written Statement;

1. On-site inspections, confirmation of belongings, and reports on the results of field identification;

1. Application of Acts and subordinate statutes to a report on occurrence (thief) and a report on investigation (Evidence No. 9, 19);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (referring to the charge of larceny at night, including the charge of larceny) and Article 329 of the Criminal Act concerning criminal facts;

1. Scope of recommending punishment based on the sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes; and

(a) Class 1 (Determination of Punishment at Night) thief (Crime thief) thief (Type 4) thief on general property [No person who is a special person] thief [the scope of recommending area and recommendation] thief (the scope of recommending area and recommendation] , imprisonment with prison labor for one to two years;

(b) Class 2 (thief) (Determination of types).