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(영문) 서울북부지방법원 2016.02.03 2016고단91
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On November 3, 2011, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court, and completed the execution of the sentence at Daejeon Prison on December 17, 2013.

【Criminal Facts】

1. The Defendant committed the crime against the victim C, from August 19, 2015 to August 26, 2015, served as delivery employee from the “E” of the victim C’s operation in Dobong-gu Seoul Metropolitan Government, Seoul as the victim C’s employee.

A. On August 26, 2015, the Defendant: (a) while working in the “E” around August 17:30, 2015; (b) while other employees sold things, he/she takes up KRW 2,080,000 in cash owned by the victim within a safe where other employees sell things.

L. A. L. theft was committed.

B. On September 13, 2015, the Defendant knew that he/she was able to keep the key to the truck parked near the above “E” by the victim. On September 13, 2015, the Defendant was aware of the fact that he/she kept the key to the truck in the vicinity of the said “E.”

In the case of opening an entrance and intrusion, two million won shall be paid in cash owned by the victim within the treasury;

L. A. L. theft was committed.

2. On September 20, 2015, the Defendant: (a) around 00:15, the Victim F Management of the Victim F on the second floor in Seoul Special Metropolitan City, Nowon-gu, for a theft against the Victim F; (b) had the Victim F Management enter the said floor as a customer; and (c) was hidden in the warehouse; and (d) had the Victim retired, 1.4 million won in cash within the period of his/her book-to-face and cash withdrawal.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in C and F;

1. A report on the results of field identification and each photograph;

1. The investigation report (the sequence 17 of the evidence list);

1. Previous convictions: References to inquiries, such as criminal history, the current status of acceptance of inquiry, and application of Acts and subordinate statutes to report criminal investigations (Attachment to the same type of crimes);

1. Relevant Article 330 of the Criminal Act (a thief in intrusion on a structure at night) and Article 329 of the same Act concerning facts constituting an offense (a thief in each case and a choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 30 years; and

2. Application of the sentencing criteria (the scope of the recommended punishment) (the period of July 1, 2015).

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