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(영문) 서울남부지방법원 2016.09.30 2016고단3687
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From July 2015 to October 31, 2015, the Defendant served as an employee of the victim E-stock company in Yangcheon-gu Seoul Metropolitan Government.

1. On October 25, 2015, around 04:43, the Defendant: (a) opened an entrance using the office keys possessed by the office of the said E Co., Ltd.; and (b) stolen the Defendant, with one copy of the fee-charging card (amounting to KRW 70,000) owned by the victim, which was placed in the book by intrusioning upon the office keys.

2. On October 27, 2015, the Defendant: (a) invaded the above office by the same method; and (b) stolen the victim’s market price, which was 1.5 million won at the victim’s account book, with the Samsung Empt 1,500,000 won.

3. On October 30, 2015, the Defendant invadedd the above office by the same method, and stolen it with six diversities in a total amount of KRW 720,000,000, which is the market price owned by the victim in the warehouse of the office.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (as to photographic images of the crime on October 27, 2015)

1. Application of the Acts and subordinate statutes governing CCTV images and CCTV images;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) (the mitigated punishment) for general property: The mitigated area (the special mitigated person from August to one year) (the special mitigated person) (the fourth type) for the larceny outside the indoor residential space;

(b) A Class 2 crime (the scope of recommended punishment) for general property: (a) for the larceny area (the mitigated area of August to January) (the specially mitigated person) (the special mitigated person) for the larceny area outside the indoor residential space; (b) for the larceny area (the four types);

C. The 3th crime [the scope of the recommended punishment] The 4th crime committed against general property (in the event of intrusion theft) and intrusion upon places other than indoor residential space (the 8th month to 1 year and 6th month) (the 4th offense).

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