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(영문) 서울북부지방법원 2015.05.29 2015고단381

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:00 on September 29, 2014, the Defendant: (a) opened a tea door near “E” operated by Dobong-gu Seoul Metropolitan Government C victim D; (b) confirmed the absence of the victim; and (c) opened the door to the door; and (d) found that there was no victim, the Defendant owned one credit card, one copy of the above victim’s credit card, one resident registration certificate, one cash, one KRW 1,100,000 at the market price of KRW 100,000 from around 13:0 to January 7, 2015; and (b) did not collect the total amount of the victims’ property from around 17:13:00 on September 29, 2014 to around 21:00 on January 7, 2015; and (c) did not collect the total amount of property at 25:160,605,000 won or more from the victim’s market price as indicated in the attached list.

In this regard, the defendant habitually stolen the victims' property or did not receive any stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each statement of I, J,K, L, D, M, N, P, Q, R, T, U, V,W, X, Y, Z, AB, and AC;

1. Police seizure records (record No. 28), list of seizure (record No. 29), photographs of seized articles (record No. 30-33 pages of investigation records);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated several times in a short period;

1. Articles 332 and 330 of the Criminal Act by universal title with respect to the relevant criminal facts;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area [2-4 years] of Type 1 (general and repeated larceny] (2-4 years) (the decision of sentence] of habitual and repeated larceny [2-4 years] (the decision of sentence] of the defendant is a primary offender. The defendant is committing a crime in depth by disclosing himself/herself from the police stage, and a considerable number of victims want the punishment of the defendant.