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(영문) 서울남부지방법원 2019.06.13 2019고단1866

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, this decision is delivered with respect to Defendant J.

Reasons

Punishment of the crime

Defendant

On March 20, 2014, A was sentenced to three years of imprisonment with prison labor by the Seoul High Court for the crime of death, etc., and the execution of the sentence was terminated in the Chungcheong detention center on May 25, 2016.

1. On December 18, 2018, the Defendants entered the said store with a view to theft of the goods displayed in front of the head office of LGG in Gangseo-gu Seoul, Gangseo-gu, Seoul, and entered the said store to take off one of the kimchi 100,000 won at the market price managed by the victims M in the cooling house located in the goods display stand.

Defendant J continued to wait outside the above store with a stolen kimchi tank as above, and Defendant A re-entered into the above store and moved out of the store the kimchi tank managed by the above victim.

As a result, the Defendants intruded into a structure for the purpose of committing a crime, and stolen two kimchis jointly.

2. At around 16:05 on December 18, 2018, Defendant A entered the said store with a view to stealing the goods displayed there, which had been displayed in front of the head office of the said L, into the said store, and brought about one Samsung Empt (1) the market price of which is equivalent to 9.70,000 won managed by the victim N, displayed in the product display unit.

As a result, the Defendant invadedd the structure with the purpose of committing the crime, and stolen one set of Nowon-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of N and M;

1. Records of seizure, list of seizure, and photographs of articles seized by each police;

1. Each investigation report (a CCTV investigation at each site);

1. Investigation report (to track a suspect and analyze details of the use of transportation cards used by a suspect);

1. A criminal investigation report (in case of CCTV recording materials, such as the scene of a crime committed by a suspect A and a suspect J),

1. Previous convictions: Criminal investigation and criminal history records inquiry (A), investigation reports (verification of related cases A and attachment of judgment) and list of related cases to be attached, written judgments and summary orders, each of them;