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(영문) 서울남부지방법원 2018.04.11 2018고단463
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 12, 2017, at around 18:00 on December 12, 2017, the Defendant: (a) intruded into a escape room using a gap in the surveillance of security personnel in mind that property would be stolen, and then, (b) opened a password of 349 times used by the victim F; (c) taken the victim’s 70,000 won in cash owned by the victim’s bank located in the victim’s wall located in Yeongdeungpo-gu Seoul Metropolitan City; and (d) taken off the victim’s wall from the victim’s wall that the victim used; and (e) taken the victim’s 70,000 won in cash located in the victim’s wall.

In addition, from around that time to January 18, 2018, the “14” number No. 4 of the daily list of crimes attached to the annexed crime list is deemed to be a clerical error in the “148” as stated in the record, and thus, it shall be corrected.

The total amount of 494,00 won was stolen or attempted through a total of eight times, such as the statement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of damage arising from the preparation of G, H, I, and J;

1. Each INTSNAL REPTR;

1. Each CCTV CD;

1. Application of Acts and subordinate statutes to an investigation report (verification of the details of use of the A transportation card - relation to the movement of the place of crime), investigation report (the confirmation report between sunset and sunset);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 330 of the Criminal Act concerning the selection of punishment (the points of larceny at night), Article 329 of the Criminal Act (the intention of Section 329), Article 319 (1) of the Criminal Act (the point of intrusion into a structure, the choice of imprisonment), Articles 342 and 330 of the Criminal Act (the point of attempted larceny by intrusion into a house at night);

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

1. The basic area (one year to two years) of the theft in general property (the scope of recommended punishment) (the person who has no person subject to special sentencing) for the purpose of intrusion into night buildings, larceny, and the attempted larceny of night buildings;

2. The basic area (one year to two years) of larceny and intrusion on a structure (the scope of recommended punishment) is the basic area (one year to six months) of larceny.

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