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(영문) 서울동부지방법원 2019.08.28 2018고단4067

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 11, 2018, the Defendant: (a) opened a “D” coffee shop operated by the victim C located in Gangdong-gu Seoul Metropolitan Government on November 11, 2018; and (b) intruded into it; (c) opened a door that is not corrected connected with the toilets of the said coffee shop; and (d) opened the door, and stolen the cash of KRW 278,00,000, which is the owner of the victim who was under custody in the depository of the calculated unit.

"2019 Highest 20"

1. On November 8, 2018, the Defendant: (a) around 05:53, the victim F of the second floor of the building in Songpa-gu Seoul, Songpa-gu, was in a restaurant operated by the victim F; (b) opened a entrance door with a security card and key inside the entrance of the said restaurant; (c) invaded into the restaurant; and (d) stolen the cash owned by the victim and 401,000 won.

2. Night buildings, thief;

A. On November 8, 2018, at around 04:48, the Defendant opened an unlocked restaurant back and intruded into it in order to steals money and valuables to the “J” restaurant managed by the victim I in Songpa-gu Seoul, Songpa-gu.

Then, although the Defendant attempted to open a cash calculator in the carculator, he failed to do so.

B. On November 8, 2018, around 06:10 on November 8, 2018, the Defendant opened an outer entrance of the said restaurant without locking in order to steal money and valuables to the “M” restaurant operated by the victim L in Songpa-gu Seoul, Songpa-gu, Seoul.

Then, the Defendant attempted to open an internal entrance, but failed to open the internal entrance, and subsequently failed to do so.

Summary of Evidence

"2018 Highest 4067"

1. Defendant's legal statement;

1. C’s statement;

1. Each investigation report "2019 order 20";

1. Defendant's legal statement;

1. Each statement of F, I, and L;

1. Application of Acts and subordinate statutes on the field CCTV reporting;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings) and Articles 330 (the points of larceny of night buildings) and 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;