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(영문) 서울중앙지방법원 2017.08.10 2017고단3774
야간방실침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On September 5, 2014, the Defendant was sentenced to two years of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Special Force) at the Seoul High Court, and completed the execution of the sentence at the female prison on February 25, 2016.

[Criminal facts]

1. On September 17, 2016, the Defendant: (a) intruded into the sick room through a entrance not opened to the 91-AS hospital 91-dong 8, located in Gangnam-si, Gangnam-si; (b) around 21:20 on September 17, 2016; and (c) took advantage of the gaps in which the victim AT is self-employed, the Defendant carried out one of Samsung mobile phones with the market price of KRW 300,000,000 at which the victim’s ownership was placed on the top of the bed line.

2. On September 17, 2016, at around 21:25, the Defendant intruded into the sick room through the entrance that was not set up in the said hospital 92 Byung Dong 7, and then, the Defendant used the gap in the victim AU, thereby making use of one part of the victim’s Samsung mobile phone, the market price of which is equivalent to KRW 400,000,000,000.

3. On September 17, 2016, at around 21:30, the Defendant intruded into the sick room through a entrance not opened at the entrance of the above hospital 92 Byung Dong 8, the Defendant, using the gaps in which the victim AV is self-employed, carried one cellphone with LG G4, the market price of the victim’s possession that was placed on the top of the bedroom 30,000 won.

4. On September 17, 2016, at around 21:35, the Defendant intruded into the sick room through the entrance that was not set up in the said hospital 92 Byung Dong 25, and the Defendant used the gap in the victim AW to use the victim’s creb, thereby holding one of Samsung mobile phones worth KRW 600,000 at the market price on the part of the victim, which was placed on the back of the 2nd beds.

Accordingly, the defendant invadedd the room possessed by others at night, and stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of AT, AU, AV, and AW;

1. A CCTV image closures;

1. Photographs of damaged articles;

1. Investigation reports (the recovery of damaged articles and the seizure of damaged articles);

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