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(영문) 서울서부지방법원 2017.07.19 2016고단3283
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment and one year of suspended execution for a violation of the Military Service Act by the Incheon District Court on July 21, 2016, and the said judgment became final and conclusive on July 29, 2016.

[Criminal facts]

1. Night-time theft;

A. From around 01:00 on July 22, 2015, the Defendant: (a) opened a closed door at the “D Public Notice Board” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu; (b) intruded the front door to the front door; and (c) cut off the victim E, who was on the top of the front line, one of the “cup pressure formation and maintenance of the C Public Notice Board” worth KRW 240,000, the market value of the victim E.

B. From around 03:00 on December 22, 2015, the Defendant: (a) opened a corrected door at “G Public Notice Board” located in Yeongdeungpo-gu Seoul Metropolitan Government F; (b) intruded the main entrance to the main entrance; and (c) cut off two new and daily electrical matters worth KRW 300,000, total market value of the victim H owned by the victim, which was placed on the top of the main entrance.

(c)

On December 24, 2015, around 03:37, around the same day, around 04:29 on two occasions, the Defendant opened a closed door at “J Public Notice Board” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and intruded into the main entrance, and then cut off two (340,000, total market value of the victim K, which was located on the top of the vessel.

2. The Defendant: (a) committed theft with stolen objects at the time and place indicated in the above paragraph “1.-B”; (b) while having stolen objects at a single floor parking lot, the Defendant: (c) committed theft by towing and cutting down the handcar equivalent to KRW 40,000 at the market price of the victim L, which was located outside the parking lot of the first floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A statement of H, L, or K;

1. Each CCTV image;

1. Investigation report (the mother and child and titts photographs of the defendant taken at the time of execution of a warrant of search and inspection of seizure of the defendant on September 5, 2015), investigation report (the photograph of the defendant submitted by the defendant, photographic photograph of the mother and child, caps of the shopping mall website, and the investigation report (CCTV verification investigation).

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report the results of such criminal history and other previous convictions;

1. Relevant provisions of the Act concerning facts constituting an offense;

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