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(영문) 서울중앙지방법원 2020.04.22 2019고단7012
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at a cafeteria operated by the victim C in the first floor of the Seoul Jung-gu building B in Jung-gu, Seoul, had been dissatisfied with the idea that he received unfair treatment after retirement, and had the intent to steal the property owned by the victim.

1. At around 03:30 on August 13, 2019, the Defendant: (a) opened a locked window at the above D restaurant; (b) entered it; and (c) stolen KRW 10,000,000,000, in cash owned by the victim in the Kacter accounting unit.

2. On August 14, 2019, the Defendant: (a) entered the said D cafeteria in the foregoing manner; and (b) committed theft with approximately KRW 10,000,000 in cash owned by the victim in the Kacter accounting unit.

3. At around August 16, 2019, the Defendant: (a) opened a locked door at the above D restaurant; (b) entered it; and (c) stolen KRW 10,000,000,000 in cash owned by the victim in the Kacter accounting unit.

Accordingly, the defendant invadedd the victim's structure at night over three times, and stolen the victim's total cash worth of KRW 30,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) (a) of the suspended sentence is that the Defendant is against the confession of each of the crimes in this case.

The amount of damage is not high, there is no criminal power exceeding fines, and there is no previous department.

[Unfavorable Circumstances] In light of the circumstances, methods, etc. of each of the instant crimes, the nature of the crime is poor.

There was no recovery of damage.

The above circumstances include the character, conduct and environment of the defendant, the motive, means and consequence of the crime, the circumstances after the crime, and criminal records, etc., and the reasons for the sentencing revealed in the proceedings of the present case.

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