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(영문) 서울동부지방법원 2017.02.09 2017고단148

절도등

Text

A defendant shall be punished by imprisonment for six 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

Some of the facts charged were corrected ex officio to the extent that it does not interfere with the defendant's right of defense.

The Defendant is a person who retired while serving in D Co., Ltd. from January 2015 to September 2016.

1. On December 17, 2016, the Defendant: (a) intruded into a building in Songpa-gu Seoul Metropolitan Government E-building through an underground parking lot around 09:00 on December 17, 2016; (b) applied a temporary access certificate, which was not returned to the company; (c) applied a physical color of each floor office in each building; (d) applied a victim’s computer body in the 11st floor office in the said building with a total amount of KRW 1,00,000,000, total market value, such as one, two monitors, and one chair.

2. On December 19, 2016, the Defendant: (a) intruded into the above E building through an underground parking lot around December 19, 2016; (b) applied a temporary access certificate to enter each floor office in the building; (c) applied the victim F, Inc., Ltd., Ltd., a six-story office in the said building with a total amount of KRW 330,000,000; and (d) stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement, each internal investigation report and investigation report (including attached copies);

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), and Article 319 (1) of the Criminal Act (a stief by intrusion upon a structure and choice of imprisonment) concerning criminal facts;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006

1. Article 62-2 of the Criminal Act on the observation of protection;