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(영문) 서울남부지방법원 2016.02.04 2015고단4524
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 10:00 on March 14, 2015, the Defendant: (a) stolen property from the victim E in Gangseo-gu Seoul Metropolitan Government to the 8th floor of the said building; (b) removed the unsatisfying satisf in the market price, which was installed at the rear door of the 8,9th and then damaged the building; (c) removed the unsatfying sat in the market price, which was installed at the front door of the 8,9th and then damaged the building; and (d) cut off by having G and H (a disposition that does not know of the fact on the same day) keep in the 8th floor by having the victim G and H (a disposition that does not have any suspicion of the same day) possess five air air air cleaning in the market price, which is the ownership of the I care hospital of the victim I.

2. At night, the Defendant: (a) intruded into the same place in the foregoing F building at around 19:47 on the same day, and stolen, with a single non-permanent air conditioner, the appraised value of which is equivalent to KRW 4.50,000,00; (b) one copy instrument equivalent to the appraised value of KRW 80,000,000; and (c) one washing machine equivalent to the appraised value of KRW 70,000,000.

Summary of Evidence

1. Each legal statement of the witness J and K;

1. A protocol concerning the examination of a suspect against the defendant by a certain prosecutor (including the part concerning L and H statements);

1. Statement made by each prosecutor to J and K in the prosecution;

1. Statement made by the police to J;

1. Investigation report (related to the analysis of on-site CCTV);

1. A report on investigation;

1. Investigation report (related to auction articles stolen by a suspect);

1. Police seizure records and list of seizure;

1. Application of statutes on site photographs;

1. Article 319(1) of the Criminal Act applicable to the facts constituting an offense, Article 319(1) of the Criminal Act of the choice of punishment (elective of imprisonment with prison labor), Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 330 of the Criminal Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the recommended sentence] The mitigated area (from August to January 6) of the mitigated area (the special mitigated person) (from August to January 6) / In the case of intrusion into a place other than indoor residential space (the decision of sentencing) / [the decision of sentencing] of the instant crime.

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