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(영문) 서울북부지방법원 2016.07.07 2016고단1813
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A thief: (a) around April 27, 2016, the Defendant collected 3GG G3 smartphones and 10,000 won in cash, and stolen 20,000 won in the market price owned by the victim, which includes a 10,000 won of cash, and a 200,000 won of the market price owned by the victim, which is located on the front door of the entrance, by inserting the victim E into the back door of the D Poter located in Gangnam-gu Seoul Metropolitan Government, by drinking and drinking out, and inserting tobacco out of the entrance, and inserting it.

2. On May 9, 2016, around 00:37, the Defendant: (a) did not correct in front of the H burial operated by the victim G in Seongbuk-gu Seoul, Seongbuk-gu; (b) went into the lower door of the stacking door, and intrudes into the gate, and then cut the 8,000 won of the market price owned by the victim, with 8,000 won of the sum of the market price owned by the victim, 28,000 won of the instant land, 200,000 won of the instant land, and 4,000 won of the instant land.

3. On May 9, 2016, around 05:00, the Defendant, on the 126th page of the 126-dong-ro, Seongbuk-gu, Seongbuk-gu, Seoul, found a wallet, where the victim’s name was lost, and the market price of which is 250,000 won in cash, was unknown.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

Summary of Evidence

1. Partial statement of the defendant;

1. To make a statement to the accused in part of the second police interrogation protocol;

1. Statement of the police statement related to G;

1. E statements;

1. Attachment of CCTV photographs (No. 4, 6, 17 No. 17);

1. Application of Acts and subordinate statutes to a report on investigation (to listen to a victim telephone);

1. Relevant legal provisions concerning facts constituting an offense and Articles 330 (a thief by intrusion upon a structure at night), 329 (a thief by intention, choice of imprisonment), and 360 (1) (a) of the Criminal Act (a Embezzlement of deserted articles in possession and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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