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(영문) 서울남부지방법원 2020.01.23 2019고단4297
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight 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. From around 23:00 on March 27, 2019 to around 11:00 on the following day, the Defendant: (a) opened a corrected back door to the building B in Gangseo-gu Seoul, and “D” operated by the victim C in the first floor; and (b) intruded into the said shop, the Defendant stolen red ginseng 160,90 won in cash, which is the victim’s possession on the table, and the market price of which is unknown.

2. On April 10, 2019, around 03:12, the Defendant: (a) opened a closed door that was not corrected; and (b) intruded into the said door, resulting in theft of KRW 26,50,00 in cash, which was owned by the victim who was at the time of receipt and disbursement of money.

3. On April 11, 2019, the Defendant, at around 03:48, opened a closed door that was not corrected and intruded into the said door, resulting in theft of KRW 20,000, which is the cash owned by the victim who was at the time of receipt and disbursement of money.

4. On April 14, 2019, at around 03:59, the Defendant opened a back door that was not corrected in the “D” and intruded into the said door, resulting in theft of KRW 30,000, which is the cash owned by the victim who was at the time of receipt and disbursement of money.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. A report on internal investigation (the analysis of CCTV or video recording images at the scene of occurrence) and attached USB;

1. Suspect subject to each investigation report;

4.10./

4.11.

4. 14. Application of the comparative Acts and subordinate statutes to uniforms worn for each crime and clothes kept in the suspect's residence;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes falling under any of subparagraphs 1 through 4 (Determination of Punishment] thief (Type 4) thief [Special dufe] thief [Special dufe] thief] thief for general property: In cases of intrusion upon places other than indoor residential space (the area of recommendation and the scope of recommendation), mitigation area, imprisonment for up to 8 months to 1 year and six months;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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