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(영문) 서울남부지방법원 2017.05.25 2017고단558

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2016, from around 23:13 to 23:00 on the same day, the Defendant intruded into the C1st floor located in Yeongdeungpo-gu Seoul Metropolitan Government, and then came into the “E” store operated by the victim D (E, 51 years old). The Defendant: (a) opened the package of female vexies equivalent to KRW 477,100,000, totaling to KRW 19, 383,100, and KRW 88,000,000, including KRW 10, 10,000, 200, in total, from August 3, 2016 to September 24, 2016; and (b) then, (c) took place the package of female vexies with the victim’s “E”; and (d) took place in the package, and (e) took place in the package, and (e) took place in the package over the total amount of KRW 6750,50,0.

around 09:39 on January 2, 2017, the Defendant: (a) entered a multi-family house where the victim G in Yangcheon-gu Seoul Metropolitan Government F resides; (b) entered the front of the victim’s residence 102 gate, and invaded the victim’s residence by opening a gate using the gate key acquired by an instigious method; and (c) opened the gate to the victim’s residence.

Summary of Evidence

"2017 Highest 558"

1. Statement by the defendant in court;

1. Statement made by the police with D "2017 Highest 758";

1. Statement by the defendant in court;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 319 of the Criminal Act applicable to the facts constituting an offense and Articles 319 (1) and 330 of the Criminal Act that choose a penalty;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. is only the defendant's previous history, and the defendant paid considerable money to the larceny victim to recover damage, the theft victim does not want the punishment of the defendant, the confession and reflect of each crime, the defendant's age, sex behavior, circumstances after the crime, family relation, etc. are considered as a whole, and the sentence was determined.

order for any reason above.