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(영문) 서울남부지방법원 2019.03.22 2018고단5617
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six 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

[2018 Highest 5617] From June 2, 2018 to June 01, 02:30 of the same day, the Defendant: (a) 10 kinds of goods, such as a 149,700 won in total, which were owned by the victim D(53 years of age) and displayed at the store by putting up the corrected tent in front of the 1st floor B of Gangseo-gu Seoul Metropolitan Government, and 02:30 on the same day; and (b) cut off the total market price of KRW 878,700 in total six times from June 11, 2018, by putting it into the sealing, in total the market price of KRW 149,700.

Accordingly, the Defendant invaded another person's structure at night, and stolen things owned by another person.

[2018 Highest 6086] On October 5, 2018, the Defendant, at around 10:30 on October 5, 2018, placed in the sales display stand in the “G” in the victim F management of the victim in Gangseo-gu Seoul Metropolitan Government E, was cut off by being placed in the bags equivalent to the sum of 14,000 won in total, such as three strings (2,000 won per openings), one strings (2,00 won per openings), three strings of sugar (2,00 won per openings).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each statement of H and F;

1. The police seizure record and the list of seizure;

1. Report on internal investigation (verification of the face of a crime);

1. Application of the Acts and subordinate statutes concerning each photograph and CCTV image closure data;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting an offense (the points of larceny at night), the choice of punishment, and Article 329 of the Criminal Act;

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

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

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

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

(a) Class 1 thief (a decision of type) (a decision of type thief) (a decision of type thief) (a decision of type 4) for general property: In case of intrusion larceny (a special person) for general property: In case of intrusion into places other than indoor residential space;

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