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(영문) 서울서부지방법원 2019.08.22 2019고단2084

야간주거침입절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2017, the Defendant sentenced one year and two months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, and completed the execution of the sentence on June 18, 2018.

【Criminal Facts】

On May 27, 2019, the Defendant: (a) around 20:00 on May 27, 2019, the Defendant: (b) opened a 1st floor bend-to-door window that was not corrected between the victim’s out-of-the-spot and the victim’s out-of-the-spotd and intruded into the inner part; and (c) stolen the cash amount of KRW 100,000,000 owned by the victim in the United States.

around 23:00 on May 8, 2019, the Defendant ordered the Victim G to 3,300,000 Won in the amount equivalent to KRW 450,00,00, and requested the Victim G to do so.

However, even if the defendant was provided with alcohol, food, or service as above, he did not have the intent or ability to pay the price.

Accordingly, the Defendant, by deceiving the victim as such, was provided with alcohol equivalent to the sum of KRW 726,00,000 from the victim, and acquired pecuniary benefits equivalent to that of the same amount.

Summary of Evidence

"2019 Highest 2084"

1. Defendant's legal statement;

1. Written statements of D;

1. Reporting on the occurrence of a crime (thief), each CCTV course or image photograph, a field identification report, each internal investigation report or investigation report (verification of the scene of occurrence and the location discovered by the defendant, tracking the course of movement before and after the commission of the crime, interview with the victim, and verification of the owner of a half of seized articles);

1. Defendant's legal statement;

1. G statements;

1. "Prior record on the market" in a report on occurrence of a business, on-site or business permit photograph, order receipt, and internal investigation report (with respect to personal effects of the accused);

1. Application of Acts and subordinate statutes to criminal history records, etc., investigation reports (verification of the expiration date of punishment, period of repeated crimes);

1. Relevant Article 330 of the Criminal Act concerning facts constituting a crime and the election of a punishment at night and night: Fraud under Article 330 of the Criminal Act: Article 347 of the Criminal Act.