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(영문) 서울북부지방법원 2013.04.12 2013고단514

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant was working as a ordinary staff and was able to steal cash, etc. by intrusioning the inner structure into the Gangnam-gu Seoul Metropolitan Government C shop with a well-known mind.

1. On February 14, 2013, around 05:18, the Defendant: (a) went back to the rooftop of the building in front of the building built in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) went back to the back of the building.

After all, the Defendant opened a back door and intruded inside the door, and cited cash of 200,000 won, which is owned by the victim D in the 4th century, and stolen it.

2. On February 15, 2013, at around 02:16, the Defendant intruded the building inside the same place as the foregoing paragraph (1) in the same manner as that of paragraph (1), and 1 million won in cash, which is the victim D owned by the victim of the incident at the fourth head of the Gu, and stolen it.

3. On February 23, 2013, at around 01:19, the Defendant intruded inside the building in the same manner as that of paragraph (1) at the same place as that of the above Paragraph (1), and 200,000 won in cash, which is owned by the victim D, who is in the 4th century, and stolen it.

4. On February 25, 2013, around 02:19, the Defendant intruded inside the building in the same manner as Paragraph (1) at the same place as above Paragraph (1) and stolen cash 100,000 won, which is the victim DNA owned by the victim E, and the victim E, who was in custody in the open space, at the victim E-owned room, at a size of 4.50,000 won, which is equivalent to the market price of 180,000 won, one punishment, and one punishment, which is equivalent to the market price of 180,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

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;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order has been punished three times for the same crime, but it has been finally punished eight years for the same criminal records.