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(영문) 대전지방법원 서산지원 2014.03.21 2013고단907
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 13:00 on September 20, 201, the Defendant: (a) opened and intrudeed a door door of emergency stairs that was not locked on the sixth floor office of the D bank working for the victim C in Jongno-gu Seoul Metropolitan Government, Jongno-gu; and (b) stolen U.S. dollars 1,400 on the part of the victim’s liability.

2. Night building thief;

A. On February 24, 2012, at around 03:30 on February 24, 2012, the Defendant: (a) opened an emergency stairs door that was not set up in the 8th floor office of the above D Bank’s work by the victim E; and (b) invaded the victim’s possession of 10,000 won cashier’s checks, which were kept in the west on the victim’s book.

B. The Defendant above A.

At the same time, the victim F had opened and intruded the emergency stairs door to the six-story office offices of the above D Bank, which are working by the victim F, one male knife of the market value equivalent to 500,000 won of the market value owned by the victim, which was kept in the west of the victim's book.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of F and E;

1. Police seizure records;

1. Investigation report (endorsers, CCTVs, etc.);

1. Application of Acts and subordinate statutes to photographs of damaged articles, lists of visitors, on-site photographs, suspects, and photographs of endorsement of stolen checks, CCTV photographs, and seized articles;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 330 of the Criminal Act (the points of larceny at night), Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon a structure and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., is that the defendant committed the instant crime repeatedly by repeatedly entering the office of the building in charge of building management.

(b).

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