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(영문) 서울중앙지방법원 2019.07.18 2019고단3688
건조물침입등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On May 26, 2019, at around 17:20 on May 26, 2019, the Defendant: (a) placed in the Jung-gu Seoul Central District Office B and the first floor, opened a door and door, and intrudes into the office, which was not locked by the victim C, in front of the “D” office operated by the victim C in the Jung-gu Seoul Central District Office B and the first floor; and (b) placed 10 copies of cash, which is the victim’s possession on the book, in cash.

Accordingly, the defendant invadedd on the structure managed by the victim, and stolen the victim's property.

2. On June 2, 2019, around 15:10 on June 2, 2019, the Defendant: (a) stolen objects in front of “G cafeteria” operated by the Victim F in Jung-gu Seoul, Jung-gu, Seoul; (b) stolen objects; (c) intruded the stack from the lock to the main door through the gap between the floor of the lock and the stack; (d) the victim H-owned market value of KRW 800,000,000, the victim’s first market value of KRW 600,000,000, Samsung Gallon-si, Inc., and Samsung Gallon-si, the victim’s market value of KRW 400,000,000,000, and Samsung Gallon-si, the victim’s cell phone value of KRW 51,500,000,000, and the victim’s cell phone value of KRW 400,000,00.

Accordingly, the defendant invadedd on a structure managed by FF, and stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each statement of F and C;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act concerning the choice of punishment, and Article 319 (1) of the Criminal Act (the occupation of a structure and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order are favorable to the reasons for sentencing under Article 62-2 of the Criminal Act.

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