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(영문) 서울동부지방법원 2018.09.28 2018고단584
야간건조물침입절도등
Text

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

Attached cash 50,000 Won 22, 200 (Evidence 1, 2361 of 2018), cash 10.

Reasons

Punishment of the crime

The defendant of "2018 Highest 584" is a person who works in a cafeteria with the trade name "E" operated by victim D as an employee.

1. On January 30, 2018, the Defendant: (a) opened an entrance by means of recognizing beforehand the fingerprints of the Defendant registered in the first floor of the above restaurant in Songpa-gu Seoul F building by using the gaps in which the business is completed; and (b) removed KRW 170,000 in cash owned by the victim who intrudes into the restaurant and entered the depository of the depository of the calculated unit; and (c) removed the number of cash owned by the Defendant.

In other words, they stolen them.

2. On February 4, 2018, the Defendant collected 195,000 won in cash owned by the victim in the same way at the above restaurant around 01:30 on the same day.

In other words, they stolen them.

On June 27, 2018, the Defendant: (a) around 09:18, on June 27, 2018, at the H apartment I, a residence of the victim C located in Gangnam-gu Seoul Metropolitan Government, entered the entrance door password, enter the victim’s house, and intrudes into the victim’s house; (b) around 11:30 on the same day, the Defendant stolen the cash amount of KRW 10 million owned by the victim located in the inner harassment.

Summary of Evidence

"2018 Highest 584"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (No. 8 times a month) 2018 Maz. 2361;

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 times a year);

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 319 (1) of the Criminal Act (a point of intrusion upon a residence, choice of imprisonment with prison labor), and 329 of the Criminal Act (a point of section 329 and choice of imprisonment with prison labor) of the same Act concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Where he/she intrudes into any place, other than an indoor residential space, in the mitigated area (from August to June) of the first crime (each night structure intrusion larceny against victim D); 4 types of theft in general property; 4 types of theft in general property; 4 types of theft in general property; (1) (1 to June);

(b) 2 offences (infringed a victim C’s residence and theft).

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