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(영문) 서울북부지방법원 2014.11.20 2014고단2081

야간건조물침입절도

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2014, at around 05:58, the Defendant: (a) invadedd the victim’s “Dart” under the operation of Dobong-gu Seoul Metropolitan Government C, where the Defendant was working as an employee; (b) 3,130,000 won, which is the victim’s possession, after operating the device by turning all of the computers under the direction of the calculation unit, and inputting the password, carried out 3,130,000 won, which was the victim’s possession; and (c) 275,000 won, which is the victim’s ownership, was kept inside the back of the back of the box; and (d) removed approximately 2,10,000 won, which is the victim’s ownership, from the personal property box via the personal property box in the office, and stolen KRW 3,615,000,000, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A photograph of a CCTV video-recording;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 330 of the Criminal Act applicable to the crime;

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the method of intrusion upon a structure at night, and its nature is heavy in light of the water method.

However, in a case where the defendant intrudes into a place other than the indoor residential space, there are circumstances that make it difficult for his family to live due to the dismissal of Audio scam, and the circumstances leading to the crime are considered, and the punishment as ordered shall be determined by taking into account all the factors of sentencing, such as the background, mode, circumstances after the crime in this case, character and conduct of the defendant, and the environment.

It is so decided as per Disposition for the above reasons.