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(영문) 서울중앙지방법원 2020.05.22 2019고단8158
야간건조물침입절도등
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

1. On March 2019, the Defendant: (a) around March 2019, the Defendant: (b) was a “C” restaurant located in the first floor of the Jung-gu Seoul Metropolitan Government Underground Buildings; (c) was a person working as a principal room for three days; and (d) was aware at night that there was no human being in the said restaurant room; and (c) the entrance is not corrected; and (d) committed a theft of things by entering the said escape room.

On August 7, 2019, at around 22:40, the Defendant opened the entrance door of the staff room that was not corrected in front of the restaurant, and entered the entrance of the said room, and removed 40,000 won in cash, which is the cash owned by the victim, from the wall that was located in front of the clothes of the victim.

Accordingly, the defendant stolen the victim's property by impairing another person's structure at night.

2. On August 30, 2019, the Defendant attempted to larceny at night buildings: (a) opened an entrance door at a rest room of female employees, which was not corrected in front of the restaurant “C” as stated in paragraph (1) of the same Article; and (b) opened the entrance, and the victim E opened a test Handbag, carried the money, etc. left above the bed, and opened the above handbag for the purpose of leaving the money, etc. inside the said space, and did not have been discovered to the victim, who was under reporting on the bag, and did not have been able to do so.

Accordingly, the defendant tried to steal the victim's property by impairing another person's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against E (Simplified larceny);

1. Each statement;

1. Application of each photograph, each of the Acts and subordinate statutes reporting on investigation;

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

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The types of recommendations according to the sentencing criteria.

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