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(영문) 서울북부지방법원 2019.07.18 2019고단1814

야간건조물침입절도

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on October 31, 2018, the Defendant intruded into the studio construction site of “F” managed by the victim C in Jung-gu, Seoul, and stolen the victims’ property by intrusioning the victim’s property at night six times in total, including the following: (a) the victim’s market value on the fourth floor with 300,000 won, which was the victim’s ownership; and (b) the market price with 300,000 won; and (c) from that time to March 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in the preparation B, D, G, H, and C;

1. Each internal investigation report (with respect to the results of the on-site CCTV investigation/nicking investigation) and each investigation report (with respect to the on-site CCTV investigation results);

1. Each protocol of seizure, each list of seizure, seized articles, photographs, and photographs of damaged articles;

1. Application of the CCTV closure photographs and the Acts and subordinate statutes on each damaged photograph;

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. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Where he/she intrudes into a place, other than an indoor residential space, in the mitigated area (8 to 1 year and 6 months) of Type IV (special mitigation) for general property;

(b) Where he/she intrudes into a place other than indoor residential space (type 4) in the mitigated area ( August to 16) (special mitigation) of Type 4 (Special Mitigation) for general property;

(c) Where he/she intrudes into a place other than an indoor residential space in the mitigated area (8 to 16 months) (special mitigation) of Type 4 (Special Mitigation) for the larceny of general property;

D. The scope of final sentence due to the aggravation of multiple offenses: August to February, 200.