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(영문) 서울중앙지방법원 2014.12.24 2014고단8448

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around September 16, 2014, when the Defendant lacks the ability to discern things or make decisions due to a divided mobility disorder, and around September 22, 2014, at around 30, the Defendant intruded into the building through the entrance opened for the entry of the public parts, even after the operation of the building was completed, and returned to the inside of the building between around that time and September 17, 2014, and at least KRW 200,000,000, cash owned by the victim F, which was entered in the credit cooperative of the calculating unit of the “E” restaurant on the fifth floor of this Sub-Section, was stolen on the aggregate of the market value of KRW 2,383,50,00 on nine occasions in total, as shown in the list of crimes, including:

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of G, H, F, I, J, K, L, M, N, andO;

1. Verification of personal information on fingerprinting incidents and replys as a result of appraisal of the scene of the crime;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, investigation reports, investigation reports (verification of CCTV at the scene of occurrence and tracking of the same line);

1. Relevant Article 330 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the suspended sentence of punishment under Article 62(1) of the Criminal Act / [the scope of recommending punishment] / [the grounds for sentencing under the following reasons] : (a) the special mitigation area (4 to 1 year and 6 months) for general property intrudes into places other than indoor residential space (the special mitigation area); (b) the number of offenses is large; (c) the amount of damages is not large; (d) the defendant has a criminal record of a fine due to the same kind of crime; (d) the defendant is led; (e) the defendant is under confession; (e) the defendant has no criminal record of imprisonment or heavier; (e) the victims have agreed to do so; and (e) the defendant's age, character and conduct.