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(영문) 서울중앙지방법원 2014.11.14 2014고단6535

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On June 23, 2014, around 01:00 on June 23, 2014, the Defendant: (a) intruded into the above restaurant by the entrance opened in the “E” restaurant operated by the victim D in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) stolen the gap in which the said restaurant employees including the victim, etc. locked into the restaurant; and (c) by having a galthopt 2 cell phone in the market price owned by the victim in the above restaurant knife.

2. On August 26, 2014, the Defendant stolen, on August 26, 2014, through the entrance opened in the “E” restaurant, as described in paragraph (1), around 05:27, around August 26, 2014, the Defendant intruded into the said restaurant, and stolen the cre in which employees, including the victim D, are locked, with the cash amount of KRW 700,000,00 in the household located behind the said restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some of the suspect interrogation records of the defendant by prosecution;

1. Statement made to D by the police;

1. CCTV data for committing crimes and CCTV data for crime prevention;

1. Nene search data;

1. Each report on internal investigation (Evidence records, five pages, 12 pages);

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 17, 89 pages);

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense;

1. From among concurrent offenders, crimes No. 1 of the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] mitigated area (Article 4) (Article 8(1)2, and Article 50 of the Criminal Act (Article 4) [the scope of recommending punishment] mitigated area (Article 4) [the scope of recommending punishment] mitigated area (Article 8-1 and 6] mitigated area (Article 4) [the mitigated area (Article 8-1) [Special Mitigation] mitigated area (Article 37-1) of the Criminal Act (Article 37), mitigated area (Article 38(1)2, and Article 50 of the Criminal Act (Article 30) of the Criminal Act: The defendant is against whom the victim is not punished; the degree of damage of this case and the damage of this case have not been recovered.