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(영문) 서울동부지방법원 2019.10.11 2019고단840
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 12, 2018, the Defendant: (a) around 19:21, the victim C in Gangdong-gu Seoul Metropolitan Government opened “D” stores operated by the victim C in Gangdong-gu; (b) opened the entrance password; (c) intruded into the entrance; and (d) cut off KRW 14,000 in cash, which is the victim’s possession in the safe; and (d) cut off one disease, which is the market price owned by the victim at around 20:13 on the same day, at around 20:13.

2. On November 13, 2018, at around 20:18, the Defendant: (a) committed theft by taking out KRW 20,000, cash 200, which is the victim’s possession, in which the employees of the location of the “D” store were negligent in monitoring; and (b) caused the theft.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The investigation report (No. 5 No. 5);

1. Application of Acts and subordinate statutes, such as the screen after a CCTV closure;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) thief (a) thief (a decision of thief) thief on general property; 4th thief (a special stief) thief) thief (a special stief) thief) in cases where he intrudes on places other than indoor residential space (a recommendation area and the scope of recommendations);

(b) Second (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for between August and February (the maximum limit of crimes No. 2).

2. Cash in a depository after having intruded a store in which he had worked as an employee at night; and

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