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(영문) 서울중앙지방법원 2019.06.10 2019고단1275
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was employed as an employee in Mapo-gu Seoul Metropolitan Government C2, which was operated by the victim B, and was released from the office. The defendant was aware of the fact that he had a merat card in the above office, and sentenced to theft.

On November 21, 2018, at least 23:20 on November 21, 2018, the Defendant got into the office of Mapo-gu Seoul Mapo-gu Seoul 2nd floor Co., Ltd., and, in order to intrude into the office of a company, the Defendant borrowed a certificate of access from other affiliates to the office, and entered the office, and entered the office, with four 128G Mali-type cards in the market price of 400,000 won and one Mali-type card in the market price of 70,000 won.

As a result, the defendant stolen 5 megao cards equivalent to the total market value of 2,300,000 won owned by the victim by impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification reports), investigation reports (related to telephone conversations of witnesses E), investigation reports (related to the sale of stolen-friendly Mega cards);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons]: Where a person intrudes into places, other than his/her living or indoor residential space (the area of recommending punishment and the scope of recommending punishment], special mitigation area; imprisonment with prison labor for up to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for 4 months and suspended sentence for 1 year, the crime of this case was committed at night by the defendant who intrudes on the company building he had at night and stolen property, and the nature of the crime is not good;

However, the defendant's mistake is divided in depth, and the defendant failed to pay monthly rent and interest on school expenses, etc., and led to his living conditions. The crime of this case is committed.

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