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(영문) 서울동부지방법원 2019.11.21 2019고단2950

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【2019 order 2950】

1. From around 04:42 to 05:20 on July 20, 2019, the Defendant came to a new construction site located in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, a building site located in the new building located in the safety fences, and then 9 Maomlus, which had a steel bars worth KRW 103,00,000, managed by the victim C, was stolen.

【2019 Highest 2987】

2. On August 4, 2019, at around 10:00, the Defendant entered the victim E’s residence located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu), the Defendant opened a yellow straw flap, etc., which was not corrected, and went into the living room of the said building through the inner math, and infringed on the victim’s residence.

3. The Defendant: (a) at the time and place indicated in the above paragraph (2), at the same time and at the same place, stolen with a single juncule equivalent to KRW 50,000,00, the market price of the said victim; (b) one upper board located in gas leconium equivalent to KRW 60,000,000, in the market price; and (c) one upper board located in aluminium equivalent to KRW 100,000.

Summary of Evidence

[Evidence 1] (Evidence: Evidence in Case 2019 Highest 2950)

1. Defendant's legal statement;

1. C’s statement (Evidence Nos. 2);

1. Reports on internal investigation (verification of goods, prices, etc. destroyed on the date of damage) (Evidence of each fact listed in subparagraphs 2 and 3 on the market): (Evidence of Evidence of the 2019 Highest 2987 Case);

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Imprisonment with prison labor for a period from one month to nine years;

2. Basic crimes within the scope of recommended punishment according to the sentencing criteria: Crimes of larceny and intrusion upon residence of victims E and substantial crimes of larceny.