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(영문) 서울북부지방법원 2020.01.22 2019고단5086
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On May 2, 2019, around 02:30 on May 2, 2019, the Defendant intruded into the rest room of the security guards of the victim D management on the first floor of B apartment C Dong-dong, Dobong-gu Seoul, Dobong-gu, Seoul, with the victim’s seat, and subsequently cut off one of the cash 152,00 won, resident registration certificates, driver’s license, and credit card copies owned by the victim in the victim’s clothes.

2. On May 15, 2019, around 01:28, the Defendant: (a) intruded into the rest room of the security guards in charge of the management of the victim F of the first floor above the apartment E-dong, as stated in paragraph (1); (b) then, the victim’s clothes crepited the victim’s crepit, which used the victim’s clothes crepit, in which surveillance was neglected; and (c) cut off one unclaimed wall in the market price where the victim’s cash 200,000 won was located.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Written statements of D and F;

1. Each report on the occurrence of a crime and each investigation report (related to reporting on CCTV counter investigation, reporting on specific physical characteristics of a suspect, reporting on victim D and F statement hearing, and reporting on intrusion on a place where a suspect has occurred);

1. CCTV closure photographs, Gdong CCTV closure photographs, field photographs, and CCTV in which the suspect intrudes into the resting room for security guards;

1. Application of each video CD-related statute;

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

1. Scope of recommending punishment based on the sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes; and

(a) Crimes No. 1 (Determination of Punishment) thief [No. 4] thief [Special Minor] thief] thief [Special Minor] stief] stief in general property: In cases of intrusion into places, other than indoor residential space (the area of recommendation and the scope of recommendations), mitigated area, imprisonment with prison labor for up to 8 months and one year and six months;

(b) Class 2 crime ( night-time theft) (a decision of type);

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