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(영문) 서울동부지방법원 2016.07.15 2016고단1448

절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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

After the Defendant became aware of the fact that the 1st floor of the 1st floor underground of the building in Songpa-gu Seoul Metropolitan Government was operated by the victim D (Influence, 50 years old) and was able to steal the property by intrusioning on the said 3rd floor.

1. Around 09:41 on February 5, 2016, the Defendant, through the stairs of the above building, was lowered to the first basements underground, and was removed from the electric room (i.e., a day-to-day (i.e., a day-to-day), and was laid in the main entrance and the auxiliary entrance of the said marina business establishment, and attempted to open the door by up to 10:12, while she tried to open the door before and after several times, she did not open, but went out of the building. Around 10:35, the Defendant again cut to the first basements of the said gate and installed the locks of the main entrance and the auxiliary entrance in a water-to-door.

As a result, the defendant damaged the property of the victim by cutting down the cresh of each entrance and having a locking system department.

2. The Defendant continued to intrude upon a structure, and continued to enter the said marina business establishment through the main entrance, which was enforced by the said method, and intruded into the structure managed by another person.

3. The defendant shall continue to confirm that he has no victim in the relevant marina business place, and shall take up 32,450 won in cash and one transportation card which he/she owns in the relevant room from a dominer who was in a room;

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and list of seizure;

1. Application of the Acts and subordinate statutes to cash photographs, entrance photographs, CCTV photographs, photographs of criminal tools, CCTV photographs, and photographs inside or outside business concerns;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 suspended execution (the following factors are considered as favorable in sentencing).