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(영문) 서울서부지방법원 2018.10.19 2018고단2029
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A theft Defendant, at around 15:42 on April 15, 2018, 15:42, with approximately KRW 410,00 of the market price displayed at the victim E’s studio at “D store” located in Mapo-gu Seoul Metropolitan Government, using a gap in the management of the victim E, and stolen it.

2. On April 24, 2018, the Defendant: (a) around 00:18, 2018, the Defendant: (b) opened a entrance by cutting off the front of the said “D” entrance, and intruded into the 2nd floor shock and displayed the 4,100,000 won of the market price of the victim E management (MATCHES GESS 01) and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E;

1. Application of the Acts and subordinate statutes to each investigation report (a CCTV investigation into the place of occurrence, and CCTV images at the time of committing a suspect);

1. Relevant Article 329 of the Criminal Act concerning facts constituting an offense (abruting point, selecting a punishment by imprisonment), and Article 330 of the Criminal Act (abruting point of intrusion on a structure at night);

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. It shall be taken into account that: (a) a part of the goods that stolen the reason for sentencing under Article 62(1) of the Criminal Act was returned; and (b) the amount of damage was agreed with the victim by compensating the amount of the damage; and (c) there

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