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(영문) 서울북부지방법원 2015.08.17 2015고단2018

야간건조물침입절도

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

From October 2014 to February 9, 2015, the Defendant works as the head of the division in D Company operated by the victim C located on the second floor of Dobong-gu Seoul Metropolitan Government building B.

On February 2, 2015, the Defendant: (a) had his fingerprints registered with the entrance locker at the time when he was on duty in the said company; (b) had taken advantage of the fact that he had continued access to the office; and (c) had taken advantage of the fact that he had been able to enter the office.

1. On February 15, 2015, the Defendant, at around 02:16, opened an office entrance security room and intruded into the said office by using any cresh that has not reached any point, thereby holding 50 rollers equivalent to KRW 1,250,000 in the market price owned by the victim.

2. On February 24, 2015, the Defendant, at around 00:17, installed an office entrance security device at the same place as above, and intruded into such place, and used 50 rollers at a 1,250,000 won at the market price owned by the victim, and stolen them.

3. On February 28, 2015, the Defendant, at around 03:47, installed an office entrance security device at the same place as above and intruded, and used 50 rollers at a 1,250,000 won at the market price owned by the victim, and stolen them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting 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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] / Special Mitigation Zone (4 to 1 year and 6 months) / Special Mitigation Zone (4 to 1 year and 6 months) / In case of intrusion upon a place other than indoor residential space (4 types), the victim does not want the punishment of the defendant, and the defendant does not have any record of punishment for larceny.