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(영문) 서울중앙지방법원 2018.11.08 2018고단5995
절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Victim D(M, 65 years old) was a person who operates the “E”, and was a customer F, who was a customer with re-satisfe and was requested by F to keep his/her own property at the home of the victim, and installed a safe and security system at the expense of the F, and provided F with one copy of the safe and security card.

Around December 27, 2017, the defendant, a professional security service company, established a credit cooperative and security system in the victim's house, and had the above credit cooperative and the present room's password, and the security card kept in custody from F.

At around 10:00 on January 31, 2018, the Defendant informed the victim of the method of using the security system at the victim’s home, which came to know of the fact that the victim was living in the house, and tried to steals money and valuables kept in the safe by intrusion upon the victim’s house.

1. On January 31, 2018, at around 15:00, the Defendant: (a) opened a front door and intruded into the living room where the Defendant’s credit cooperative is located, using the victim’s house security card and the front door password, which was previously kept in custody in Jongno-gu Seoul Metropolitan Government H.

2. A thief: (a) the Defendant deleted the face of his intrusion using a CCTV saw drive installed in a ward at a time and at a place, such as paragraph (1); (b) and (c) carried KRW 10 million in cash owned by the victim, which was divided into a treasury password.

As a result, the defendant abused the victim's residence and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, I, and J;

1. A report on investigation (to visit a hynas and hsaw saws experimental case);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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