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(영문) 서울북부지방법원 2018.01.17 2017고단4808

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 21, 2017, around 21:00 on April 21, 201, the Defendant: (a) entered and intruded into a “D” computer seller of the victim’s “D” in Yongsan-gu Seoul Metropolitan Government B 21-dong 3’s work; (b) entered and intruded the door door opened by all employees at ordinary times; and (c) cut off the victim’s market price by using a mTX1050 4G traffic card.

2. On April 23, 2017, the Defendant violated a structure and stolen a building at the same place as the above paragraph 1, around 14:00 on April 23, 2017, the Defendant opened an entrance by using a holiday in which employees did not work, and intruded into the entrance, and then stolen the building by holding 300,000 won in cash owned by the victim C, which was kept in the west.

3. A thief is working for a “G” computer seller located in the second underground floor located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, Yongsan-gu, Seoul. A thief is holding a computer main case for business purposes and deducting one of the CPU chips three and D48 CPU chip three and one CPU chip card from the market price owned by the victim who was installed in the case.

At the time, the money was put into the main machine, which was put into the main machine, and it was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. Investigation report (Attachment of CCTV images) and application of CCTV video-related Acts and subordinate statutes;

1. Article 319 (1) of the Criminal Act (a point of intrusion on a structure, a choice of imprisonment), Article 329 of the Criminal Act (a point of section 329, a choice of imprisonment), Articles 330 and 329 of the Criminal Act (a point of larceny of a structure intrusion at night) concerning criminal facts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. A crime falling under the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and a crime falling under the 2nd category of the basic area (one year to two years) (one year and six months) (the person who is subject to special sentencing) of the general property (the scope of recommended punishment).