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(영문) 서울남부지방법원 2020.01.21 2019고단5413
절도등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 24, 2019, around 08:40 on September 24, 2019, the Defendant: (a) avoided tobacco in front of the head of Guro-gu Seoul Metropolitan Government Officetel; (b) sent out by the victim D (at least 25 years of age) residing in the instant officetel C; and (c) stolen Maskys stored in the said officetel management office to intrude into the victim D’s residence.

1. The Defendant: (a) entered the instant officetel management office on September 24, 2019; (b) around 08:45, the Defendant: (c) cut off one officetel masky in possession of the victim E, a manager of the instant officetel, who was in the scambling room in the scambling counter; and (d) cut off.

2. In the case of paragraph (1), the Defendant, at the same time and time, was in the instant officetel C, which is the victim D and the victim F (n, 29 years old), and was in mind of pursuing the inside of the residence, he opened a door using a stolen officetel Mazky and went into a new gate, and infringed upon the victims’ residence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to on-site photographs, investigation reports (on-site investigations, such as confirmation of the suspect's residence), investigation reports ( oral statements with D) and investigation reports;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good for the defendant to intrude into the residence of the victims by stealing Mask Turkey, the crime of this case is recognized and reflected by the defendant, and the victims do not want the punishment by agreement with the victims, the first offender who has no record of criminal punishment, the background leading up to the defendant's crime, the degree and result of the damage, the circumstances before and after the crime, and other circumstances before and after the crime.

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