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(영문) 서울중앙지방법원 2018.11.02 2018고단3178

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2018, the Defendant opened the entrance at around 02:56 around the main point of “E” operated by the victim D, the victim D, the Jung-gu Seoul Metropolitan Government 106-2, and thereafter opened the entrance at around 06:0, and thereafter opened the safe at around 06:0, up to 150,000 won in cash.

L. A. L. theft was committed.

Summary of Evidence

1. Written statements prepared in D;

1. A report on internal investigation (victims counter to the victim's internal investigation), a report on internal investigation (related to CCTV verification), a report on internal investigation (related to the investigation of CCTV within the Seoul Station), a report on internal investigation (related to the search into one of the Seoul Station), and a report on investigation (related to the search into one of the Seoul Zone);

1. Application of the Act and subordinate statutes on Report of Investigation (except for the part concerning defendant's statement)

1. Article 330 of the Criminal Act concerning the crime;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Code of the Suspension of Execution

1. The alleged defendant denied the crime of this case and was in a state of mental and physical weakness

The argument is asserted.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case (i.e., CCTV within the main point of this case) are as follows: (a) around 02:56 on the day of the crime of this case: (b) around 06:10, when the person suspected of being charged intrudes into the main point, leaving the treasury at around 03:10, and leaving the main point at around 06:0 (in the investigation record, 16:17 pages); (c) as a result of the confirmation of CCTV for vehicle control outside the main point of this case, the person in fire lying in the direction of the main point of this case at around 02:54 around 02:57 (In light of the investigation report, it is presumed that the person was invaded into the main point of this case; (d) around 06:00, the person's inside the main point of this case was caught into the main point of this case; and (e) around 14:3) the day of the investigation record and the CCTV at around the main point of this case.