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(영문) 서울서부지방법원 2018.04.13 2018고단423
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2018, the Defendant: (a) transferred a soup, making soup, PC room, etc. from Ulsan to Seoul; and (b) brought up living expenses, the Defendant, who was living with the money, entered the store and stolen cash in order to raise the cost of living.

around 06:41 on January 25, 2018, the Defendant, at around 06:41, in the “E” store operated by the victim D, located on the first floor of Mapo-gu Seoul Metropolitan Commercial Building Underground, had approximately KRW 180,00,00 in cash, the victim’s possession in the calculation unit, which was located in the calculation unit, intruded into the store beyond a half of the kitchen at a height of approximately 1 meter installed on the side of the kitchen, and had approximately KRW 180,000 in cash, which was located in the calculation unit, from that time to February 23:04, 2018, had a total of KRW 889,000 in cash by the same method four times, as indicated in the list of crimes.

Accordingly, the defendant invadedd a structure at night and stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F, D, and G;

1. Application of investigation report (on-site CCTV search and confirmation of the commission of a crime), investigation report (on-site CCTV search and confirmation of the commission of a crime), and statutory application of investigation report (on February 1, 2018, around H around February 23:04, the suspect’s commission of a crime

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

1. Circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The confession and reflect; the parties have agreed on both with the victims; juvenile protective disposition and the suspension of indictment; disadvantageous circumstances that have no record of criminal punishment except for the suspension of indictment: The frequency of crimes is four times and the amount of damage is not significant; and all the circumstances that are conditions for sentencing, such as the defendant's age, occupation, sex and environment; the motive and background of the crimes; the means and consequence of the crimes; and

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