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(영문) 서울동부지방법원 2015.12.04 2015고단3284
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has worked as an employee in the "E" located in Gwangjin-gu Seoul Special Metropolitan City operated by the victim C until January 2015.

1. From October 22, 2015 to October 22, 2015, the Defendant: (a) committed the crime of October 22, 2015, around 03:13:19 on the same day, at the above restaurant; (b) opened a back door that was not locked through a parking lot; and intruded into the restaurant; and (c) stolen food and alcoholic beverages with a total of KRW 34,000, total market value of KRW 3400,000, and a total of KRW 34,000, total market value of which is owned by the victim who was in the main room of the restaurant.

2. From October 23, 2015 to October 23, 2015, the Defendant: (a) invaded the same method from around 04:13 to around 04:27 of the same day by the same method at the places specified in the foregoing paragraph (1); and (b) stolen the Defendant, holding a total of KRW 7,000, totaling of 3,000 won of the number of dead-end stations owned by the victim, and a total of KRW 4,00,000 of the market price, and a total of KRW 7,00,000.

3. The Defendant, from October 24, 2015 to October 24, 2015, invaded by the same method at the same place as indicated in the foregoing paragraph (1) from around 02:51 to around 03:27 of the same day, and stolen with a total of KRW 79,000,000, totaling KRW 70,000, the market price of the victim’s possession, which was in the main place of the said place, owned by the Defendant, at the same time.

Accordingly, the defendant stolen the property owned by the victim by impairing the victim's structure at night over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A photograph of each CCTV image to be cut;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 24,25);

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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