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(영문) 서울북부지방법원 2019.07.25 2017고단3124
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【2017 Highest 3124, Nov. 23, 2016, the Defendant came to the “D” store operated by the victim C in Dongdaemun-gu Seoul, Dongdaemun-gu around November 23:30, 2016, and went to a usual store building, with the knowledge of the fact that the victim was in custody, in order to steals the said money, and walk to a tent installed at the entrance, with the awareness of the fact that the victim was in custody, and went to the door, and opened a tent for storage of cash in the store, thereby leaving the 100,000 won of cash owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

【2017 Highest 3342】 On May 26, 2017, the Defendant discovered 3,90,000 won in cash, which the victim G put on the top part of the above smoking room in the “F Smoking room” located in the Jung-gu Seoul Metropolitan Government E 2nd, around 17:17:00,000 won in cash, 1,000 won in the national bank, 1,000 credit card card of the Korean bank, 1, 1, 1, 1, 1, 2, 2,00 in the corporate bank body card of the new bank, 20,000 won in the market price of the victim with one resident registration certificate, and 20,000 won in the list of the victims.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

【2017 Height3124】

1. Statement of the defendant in the sixth protocol of trial;

1. Each police statement made to C and H, 【2017 Highest 3342】

1. Statement of the defendant in the sixth protocol of trial;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting an offense (the point of larceny at night), the choice of punishment (the point of larceny and the choice of imprisonment);

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the background of each of the crimes in this case; (b) the relationship between the defendant and the victim C; (c) the extent of damage suffered by the victims; (d) the past penal records of the defendant; and (e) other records and arguments, such

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