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(영문) 서울중앙지방법원 2017.05.10 2017고단1511
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a taxi driver of the D-A-A-A-A-A-A-A-A-A-A-A-A-S-A-S-A-S-A-S-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

On February 7, 2017, at around 00:52, the Defendant got off the victim near the G restaurant in front of the Seoul Jung-gu Seoul Metropolitan Government, and followed the victim. On the same day, around 01:02, the victim came to the 1st floor office of the H building in Jung-gu Seoul Metropolitan Government, and went into the said office by breaking the cresh of the string the string of the string of the 2nd floor in the toilet, and then, the victim went into the said office. On the other hand, the Defendant used approximately KRW 12 million in total of cash and checks put up to the string of the 1,90,000,000,000,000 won in the market price, including the certificate of right, monthly contract, bank passbook, and seal.

Accordingly, the defendant stolen property equivalent to 13.9 million won in total, which is the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E written statements;

1. A protocol of seizure and a list of seizure;

1. Report on internal investigation (related to the moving of a victim or suspect), report on internal investigation (related to the moving of a taxi in the vicinity of the lower branch) and investigation report (the result of analysis of data on the response to a warrant);

1. Application of Acts and subordinate statutes of photograph (Evidence 6);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing criteria [Scope of the recommended punishment] the scope of the special mitigation area (from April to one year and six months) (the special mitigation person] (from April to one year) in any place other than indoor residential space, and the amount of punishment not subject to punishment;

2. According to the rulings of sentence, the sentence of sentence is to be imposed in full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

(2) the circumstances at a disadvantage.

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