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(영문) 서울서부지방법원 2017.04.19 2016고단4125
야간건조물침입절도
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant was sentenced to imprisonment with prison labor for night structure intrusion larceny at the Seoul Central District Court on September 22, 2015, and on March 23, 2016, the Seoul Detention Center completed the execution of the sentence.

The defendant of "2016 Highest 4125" brought about a theft of money by leaving other people's restaurants at night due to lack of living expenses while leaving without a certain occupation or place of residence.

On November 12, 2016, at around 02:55, the Defendant was a “E” restaurant for the victim’s operation of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “E”), and opened the main window by hand and intrudes into it by using any crepits outside the surrounding area; and then, the Defendant collected KRW 150,000 in cash owned by the victim during the payment period for the transfer of the Kashter.

From that time to December 23, 200 of the same year, 945,000 won in cash owned by the victims was stolen by intrusion upon the victim's restaurants and other structures at night, as shown in the list of crimes, at night between 01,00 and 00 of the same year.

"2017 Highest 662"

1. On November 19, 2016, the Defendant, at around 03:50 on November 19, 2016, opened a main window that is not set up in the “H” restaurant operated by the victim G in Gangnam-gu Seoul, Gangnam-gu, Seoul, and invaded inside the restaurant, and then stolen cash 200,000 won owned by the victim’s bank at the place.

2. On November 27, 2016, the Defendant, at around 23:42 on November 27, 2016, opened a “K” restaurant operated by the Victim J in Gangnam-gu Seoul, Gangnam-gu Seoul, and invaded inside the restaurant, and then stolen cash worth of KRW 200,000,000 owned by the victim who was in the safe of the restaurant.

Summary of Evidence

[2016 Highest 4125]

1. Statement by the defendant in court;

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

1. Each statement of L, D, M, N,O, and P;

1. Receipt and report of each theft damage report, investigation report (CCTV investigation), and internal investigation report (CCTV verification);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of J and G.

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