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(영문) 서울중앙지방법원 2017.02.01 2016고단6350

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The crime committed on August 25, 2016;

A. On August 25, 2016, the Defendant infringed upon a structure: (a) around 17:38, 2016, the Defendant thought that property was stolen from Jongno-gu Seoul building, and went into a ticket office located on the first floor below the said building. (b) thief Defendant: (a) had a 4 portable phone when the galgalgal galgalgal galgalgalgem, which is the market price owned by the victim C (28 years old) who was located on the stalgal of the said building at the place indicated in the above paragraph (a).

2. The crime committed on August 26, 2016;

A. On August 26, 2016, at around 20:42, the Defendant invaded up to the part-off room on the first floor of the above building in Jongno-gu Seoul, Jongno-gu, Seoul, and stolen one cell phone in so far as he had a 800,000 won of the market price of the victim E (22 tax) owned on his book.

B. On August 26, 2016, at around 21:05, the Defendant invaded a theater practice room on the second floor of the building above Jongno-gu Seoul Metropolitan Government, and stolen 30,000 won in cash (30,000 won) owned by the victim G (30,000), and 80,000 won in market price on the side owned by the victim H (19,000 won) owned by the victim H (19,000), respectively, with one cell phone owned by S7 in color gallon, agricultural card and transportation card, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each written statement of C, E, and G;

1. Application of each police seizure protocol and list of seized articles, and applicable statutes to each seized article;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 329 (a thief by intention, election by imprisonment), and 319 (1) of the Criminal Act (a thief by intrusion upon a structure, and election by imprisonment) of the Criminal Act 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. Based on the reasoning of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family environment, motive and means of crime, and the circumstances after the crime, are determined as follows.

(b)bed;