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(영문) 서울북부지방법원 2015.09.23 2015고단2475
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On October 15, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Seoul Eastern District Court on January 26, 2013, and the said judgment became final and conclusive on August 20, 2013, the execution of the said punishment was terminated at the Seoul Detention Center; and on July 16, 2014, the Seoul Northern District Court sentenced eight months to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Northern District Court on July 24, 2014, and completed the execution of the said punishment on March 14, 2015.

【Criminal Facts】

1. Night-time theft of buildings;

A. At around 21:00 on May 12, 2015, the Defendant entered the said restaurant via the rear door of the said restaurant that was not corrected at the victim D’s “E” restaurant operated by the Jung-gu Seoul Metropolitan Government, and then taken up the cash amounting to KRW 2 million owned by the victim from the bank located within the electronic library of the main room.

Accordingly, the defendant stolen another's property by intrusion upon a structure that people receive at night.

B. On May 25, 2015, at around 22:30, the Defendant entered the said restaurant via the back of the said restaurant, which was not corrected by the victim G, operated by the injured party G, in Seoul Jung-gu, and carried 2.80,000 won in cash owned by the injured party at the above cafeteria, and carried 2.80,000 won in cash in the wall in the sloping room, which is the market price owned by the injured party in the sloping room.

Accordingly, the defendant stolen another's property by intrusion upon a structure that people receive at night.

2. From June 11, 2015 to around 19:00 on June 21, 2015, the Defendant: (a) opened the window of the above house’s windows on the first floor underground of the Seoul Jung-gu I building; and (b) opened the house outside the above window, and opened the house into the said house, and took out KRW 2.9 million in cash owned by the victim in the clothes at the said place.

Accordingly, the defendant is the victim.

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