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(영문) 서울서부지방법원 2019.06.12 2019고단1020
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 14, 2019, at around 04:36, the Defendant opened a back door and intruded into a “D” restaurant operated by the victim C, which was previously employed by the Defendant, using the back key located in the power distribution team, and 304,000 won in cash owned by the Defendant.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of C’s written statement (Evidence No. 10 pages);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act: (a) upon intrusion upon a structure managed by another person at night, the nature of the crime is not good; and (b) planned preparation for the crime, such as purchase of a wallet; (c) the victim’s pecuniary damage appears to have been recovered; (d) the victim’s life was the first offender; and (e) the defendant’s age, character and behavior, career, motive for the crime; and (e) the circumstances after the crime were committed, etc., the sentence identical to the order shall be determined in full view of all the various circumstances, including the sentencing conditions specified in the argument of this case.

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