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(영문) 의정부지방법원 고양지원 2013.10.23 2013고단1392

절도등

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 became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2013, around 04:19, the Defendant returned to a taxi after drinking alcohol with D, who is a workplace member, and she went outside of the taxi after the end of the singinging operation hours, and the Defendant returned to the taxi. On June 20, 2013, the Defendant returned to a mixed person for drinking alcohol again.

1. On June 20, 2013, the Defendant: (a) around 05:40 on June 20, 2013, at the instant singing room operated by the Victim E, the Defendant demanded to open the doors closed at that place by opening them; (b) however, there was no reaction from the inside of the singing room; (c) thereby, the Defendant destroyed the said doors in a way that the market price of 250,000 won, which is the market price owned by the victim on the front of the said entrance, was sealed in two hands.

2. The Defendant, at the time and place specified in paragraph (1) above, destroyed the above glass, and returned to the victim E’s singing room, and entered the said place.

Accordingly, the defendant invadedd the victim's structure.

3. At around 05:45 on June 20, 2013, the Defendant: (a) entered a singing holder, as described in the foregoing paragraph (2) and stolen KRW 100,000 of cash, which was owned by the victim E, the market value of which is KRW 2,170,000, and video recording devices (name of goods: SK-LG 1004); and (b) committed theft.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. CCTV photographs;

1. Application of the written estimate statutes;

1. Articles 329, 366, and 319 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision);