beta
(영문) 서울중앙지방법원 2016.04.19 2016고단1307

특수절도등

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

Reasons

Punishment of the crime

From August 2015 to September 25, 2015, the Defendant: (a) was an employee from “F cafeteria” operated by the victim E in Gangnam-gu Seoul, Gangnam-gu; (b) was dismissed from the said shop to the point of time, and (c) was aware of the difficulty of living expenses; and (d) the Defendant was aware of the fact that the key was kept on the window above the entrance door of the said shop, with the intention to steal money and valuables by entering the said shop.

1. On October 28, 2015, the Defendant: (a) had a 5150,000 won in cash owned by the victim during the gold transfer payment period; (b) had a 5150,000 won in cash owned by the victim, by opening a door by using the keys kept in the said window frame; and (c) intrusion into the knick.

2. On December 17, 2015, the Defendant attempted to larceny a structure at night (i.e., 04:04) again, and (ii) found the key in the entrance door to steals money and valuables, and (iii) did not find any key in other place than the window after the case of paragraph (1) above. However, the Defendant did not find the key to the other place than the window.

3. On December 18, 2015, at around 03:39 again, the Defendant: (a) laid a string in a nearby parking lot; (b) laid the door door door glass; and (c) intruded into the string, and stolen the cash owned by the victim during the payment period for gold transfer in the stringter.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement concerning E;

1. On-site photographs, a detailed statement of sales, and photographs taken at the time of committing each crime;

1. The application of Acts and subordinate statutes to report internal investigation (verification of CCTV images of a circuit closed at the scene), investigation report (verification of additional crimes by a suspect and statements by witnesses), investigation report (Submission of a detailed statement of victim E sales - Certification of the amount of damage);

1. Article 331(1) of the Criminal Act (the point of special larceny) and Article 331 of the Criminal Act against criminal facts.