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(영문) 서울중앙지방법원 2013.06.04 2013고단2008
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On April 14, 2013, around 05:34, 2013, the Defendant: (a) opened an unspecified window at the “Ecafeteria operated by the victim D” in Gwanak-gu in Seoul Special Metropolitan City; and (b) invaded upon the victim’s inside and outside of the room; (c) took cash amounting to approximately KRW 150,000, which is the victim’s possession; and (d) stolen it.

2. Intrusion upon a structure and theft;

A. On April 14, 2013, at around 06:56, the Defendant came to a “H restaurant operated by the Victim G in F,” and intruded into the free will of the business establishment by using the network installed in the back side of the back, and then stolen KRW 120,000 in cash located in the safe.

B. On April 14, 2013, at around 07:27, the Defendant: (a) placed the victim G in I at the “H cafeteria”; (b) intruded into the said “H cafeteria”; and (c) used the key in advance; and (d) stolen cash amounting to KRW 60,000 in the safe.

C. On April 14, 2013, at around 07:45, the Defendant: (a) placed in the “Lcafeteria” operated by the Victim G located in K; (b) intruded into the said “H restaurant” by using the key previously possessed; (c) placed cash of KRW 100,000 in the safe; and (d) stolen it.

As a result, the Defendant intruded on each building managed by the victim, and stolen the property amounting to 280,000 won in cash over three times.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. Each investigation report (No. 13, 15, and 18 of the evidence list), prosecution documents (No. 14 of the evidence list);

1. Application of field photographs and statutes on intrusion photographs;

1. Articles 30, 319 (1), and 329 of the Criminal Act applicable to the crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: April to September 1, 200 (each intrusion theft); - mitigation factors in April to June 1, 196 (special mitigation factors); and

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