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(영문) 서울중앙지방법원 2016.08.26 2016고단3962

야간건조물침입절도

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2015, the Defendant: (a) was a person who had worked in the accounting team at the head office of the department store; (b) opened an entrance at the first floor below the head office of the department store located in Jung-gu Seoul, Jung-gu, Seoul; (c) moved the elevator to the 6th floor of the department store; and (d) moved the vehicle to the 6th floor of the department store; and (c) in front of the “E” store of the victim D management, the Defendant set up one ray (rad, rad) at the display stand of the 325,00 won at the market price, which is set up in the display stand by using any crebs in the night.

L. A. L. theft was committed.

From this time to February 19, 2016, the Defendant: (a) invadedd the department stores at night more than five times in total, and stolen the victims’ goods worth KRW 2,324,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Each investigation report (No. 5 and 7 No. 1) and each CCTV closure photograph;

1. Application of statutes on records of seizure and lists of seizure;

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

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

1. According to Article 62(1) of the suspended sentence under the Criminal Act, the sentence shall be determined as ordered, taking into consideration the following circumstances: (a) the Defendant led to the confession of the crime; (b) the full recovery of the damaged items was returned to the victims; (c) the Defendant’s age, sex, criminal conduct, environment, family relationship; (d) motive and consequence of the crime; and (e) the circumstances constituting the conditions of sentencing as shown in the argument of the instant case.