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(영문) 서울서부지방법원 2019.10.30 2019고단2237

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

In light of the fact that the Defendant kept a large number of goods in the “Dart” warehouse operated by the victim C in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant had determined that the goods are in cash, etc. within the warehouse, and sentenced to theft of cash, etc. by intrusioning upon the marina.

1. On May 20, 2019, at night, the Defendant: (a) went through a twit vehicle parked side of the wall when he was parked in the “Dart” operated by the victim; (b) opened a tamp and intrudes into the tamp; (c) continued to take corrective windows; and (d) came into the tamp; and (d) cut off with an envelope containing a total of KRW 3,40,000,00,000, such as KRW 566 and KRW 10,000,000,000,000,000,000.

2. The Defendant: (a) discovered the CCTV installed inside a set at the above date, time, and place; (b) removed a CCTV image storage device equivalent to KRW 430,00 from the market price owned by the Victim E Co., Ltd. in order to conceal the crime as described in paragraph (1); and (c) at around 03:49 on the same day, he laid off the CCTV image storage device installed on the floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the defendant damaged the utility of the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Police statements prepared C;

1. Each investigation report (in relation to the investigation ofCCTV, attaching on-site identification reports, attaching field images, etc., and attaching on-site identification reports, and conducting adequate appraisal of the place of occurrence);

1. Seizure records;

1. Application of the written estimate statutes;

1. Relevant Article 330 of the Criminal Act and Article 366 of the Criminal Act (the point of larceny at night), the choice of punishment against a crime (the point of destroying and damaging property and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be the scope of the sum of the punishment determined by night buildings, intrusions, larceny and the maximum term of the crimes above;