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(영문) 서울동부지방법원 2018.08.13 2018고단926

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From February 8, 2018, the Defendant: (a) around 01:54, the victim D, located on the second floor of the Seoul Gangdong-gu Seoul Metropolitan Government building C, opened an entrance with the card key and key set up in the store adjacent to the restaurant; and (b) stolen it with one simple credit cooperative owned by the victim, which contains KRW 368,000 in cash.

2. Attempted larceny of intrusion upon a structure at night;

A. On February 8, 2018, around 01:42, the Defendant intruded into the “G” beauty room operated by the victim F, who was on the second floor of the Gangdong-gu Seoul Metropolitan Government building C, and opened the entrance to steals the object, but the entrance was not stolen on the wind with the entrance.

B. On February 8, 2018, around 01:44, the Defendant intruded into “I” text points operated by the victim H on the second floor of the same building and opened an entrance in order to steals the object, but the entrance was temporarily set off, and the Defendant did not steals the property of the victim on the wind.

(c)

On February 8, 2018, at around 01:44, the Defendant invaded into the “K” restaurant operated by the victim J on the second floor of the same building, and opened the entrance to steals the object, but the entrance was obstructed by the entrance and the Defendant did not steals the property of the victim on the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of D, J, F, and H;

1. A report on internal investigation (the confirmation of a suspected victim's crime through CCTV inside the scene of occurrence);

1. Application of Acts and subordinate statutes to report on investigation (the result of fingerprinting at crime scene);

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria have been set for the attempted larceny of structures at night, which are in a concurrent relation with the scope of the recommended punishment in the sentencing criteria; and