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(영문) 서울동부지방법원 2021.02.18 2020고단4290
야간건조물침입절도
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

On September 19, 2020, the Defendant opened a door leading to an emergency stairs inside the building in Gangdong-gu Seoul at around 23:30,000, which had not been corrected, and intruded into that door to the second floor of underground. On the stairs, the Defendant discovered a new 7,00 square meters in total amount of KRW 245,00,00 in the market price under the victim D, who operates the “C” on the second floor of the above building, from the stairs path, and went back from that point to November 8, 2020, the Defendant turned out a new 75,000 square meters in total over eight times in total, as in the daily list of crimes, from that point.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, D, F, G, H, and I;

1. Police seizure records;

1. Photographs of each place of crime;

1. Application of Acts and subordinate statutes to investigation reports (calculated market price of damaged goods);

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of the recommended punishment in accordance with the sentencing guidelines / [Determination of types] / [No. 4 types] intrusion theft [special sentencing person] - Where a person has intruded into places, other than a living-type crime or indoor residential space [the scope of recommendation and recommendation] / Special mitigation area, imprisonment for April to one year and six months [the general sentencing person] - Where considerable damage has been recovered, serious reflectness, and criminal records [the grounds for suspension of execution] - Major grounds for recognition: Offenses for living, which have no record of criminal punishment, and which have no record of criminal punishment; The general grounds for recognition: serious reflectness;

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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