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(영문) 서울서부지방법원 2018.04.20 2016고단2837
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

1. On June 28, 2016, around 03:30 on June 28, 2016, the Defendant: (a) opened an entrance and intruded into the entrance, and then brought cash 2,467,000 won and the key to the entrance of the 1st floor victim C of the 1st floor underground of the Mapo-gu Seoul Metropolitan Government building, Mapo-gu, Seoul; and (b) went to the entrance.

Accordingly, the defendant stolen property by impairing another person's structure at night.

2. On July 9, 2016, around 05:40, at the same place as the above 1.1., the Defendant: (a) opened a corrective door using the stolen entrance and intruded; and (b) brought KRW 1,407,000 in cash in the depository after having opened and intruded it.

Accordingly, the defendant stolen property by impairing another person's structure at night.

3. On July 10, 2016, around 04:00, the Defendant entered the main place in the same manner as indicated above 2.3, and went to the display room, and then brought about 1.60,000 won of the market price of 2.50,000 won in the display room.

Accordingly, the defendant stolen property by impairing another person's structure at night.

4. On July 14, 2016, around 08:09, at the same place as the foregoing 2.2., the Defendant: (a) opened and intruded the corrected entrance by scambling it in his/her hand; and (b) brought 20,000 won of the market price in the display stand, and (c) brought 2 C/C of the siren at a level equivalent to 1.220,000 won of the market price in the display stand.

Accordingly, the defendant stolen property by impairing another person's structure at night.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. E statements;

1. Investigative reports (verification of details of larceny damage);

1. Application of CCTV image records-related Acts and subordinate statutes;

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

1. In the mitigated area (from August to one year and six months), the mitigated area (special mitigation factors) of the mitigated area (from August to one year and six months), for the following reasons: the first sentence of Article 37, Article 38(1)2, Article 50, and Article 1 to 4 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommending punishment / [the scope of recommending punishment] of general property.

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