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(영문) 서울동부지방법원 2016.12.15 2016고단3334
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 September 19, 2016, the Defendant: (a) from around 01:13 to around 01:54 on the same day, the Defendant: (b) was in front of the “D of the operation of the Victim C” located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu); (c) was in front of the “D of the operation of the Victim C; (d) was inside the office by wearing a ske and lock; (e) infringed upon the inside the office through the window; and (e) stored the cash amounting to the sum of KRW 1.390,000,000 on the part of the Defendant’s possession of the

2. On September 19, 2016, the Defendant attempted to larceny at night buildings: (a) and after having finished the commission of the crimes described in the preceding paragraph on September 19, 2016, the Defendant got out of office rooms in front of the “G” in the “F management” of the victim F located in Jungdong-gu, Seoul; (b) reported that the office’s windows were not locked; (c) invaded inside the office through the window, opened a book inside the office and colored things to be stolen, but failed to discover cash, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C and F statements;

1. Application of CCTV closure photographs, on-site identification reports, and written appraisal by Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a point of larceny of a structure at night), Articles 330 (a point of larceny of a structure at night), 342, and 330 (a point of attempted larceny of a structure at night);

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. The range of recommending sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: A concurrent offense committed by the crime of larceny of night buildings from 4 months to 3-2, which is not subject to the sentencing guidelines, and thus, only the minimum limit of the sentence range for attempted larceny of entering night buildings is applicable to general property, shall be subject to special mitigation (4 to 1 year and 6 months) (special mitigation) (in a case where a person intrudes into a place other than an indoor residential space, the decision not to punish him/her shall be subject to punishment: Imprisonment with prison labor for a period of two years after the suspension of the execution of six months.

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