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(영문) 서울서부지방법원 2016.12.14 2015고단2942

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On June 16, 2015, around 13:30 on June 16, 2015, the Defendant committed the crime against the victim C, entering the ground of the building where the victim C resides in Eunpyeong-gu Seoul Metropolitan Government, and then stolen property from the building, thereby infringing on the victim’s residence through stairs, and then cutting down the cryp in front of the victim’s entrance, and then attempted the victim.

2. The Defendant committed the crime against the victim E by putting in a yellow bag the victim’s market price owned by the victim, which was affected by the rooftop of the building listed in paragraph (1) via stairs, and opening a cooling house and a door, which was located therein, reconciled with a half of the market price owned by the victim E, and cutting off the victim’s unsurts in a yellow bag.

3. On September 8, 2015, around 02:58, the Defendant: (a) broken and intruded the main window of the said restaurant in front of the H restaurant operated by the Victim F in Eunpyeong-gu Seoul, Seoul; and (b) loaded and stolen the said restaurant’s main window on a plastic rice box in an amount equivalent to KRW 1,290,000, total market price owned by the victim; (c) one person, one, one, one, one, one, one, one radio, and one, etc., in advance.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant legal provisions concerning facts constituting an offense and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 342 of the Criminal Act, Article 329 of the Criminal Act (the point of attempted larceny, the choice of imprisonment), Article 329 of the Criminal Act, Article 331 (1) of the Criminal Act (the point of larceny after night damage);

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

1. Article 62 (1) of the Criminal Act;