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(영문) 서울남부지방법원 2018.09.19 2018고단921
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force” On September 14, 2017, the Defendant was sentenced to a suspended sentence of two years on September 22, 2017 by imprisonment with prison labor for night-time structure intrusion larceny at Seoul Southern District Court, and the judgment became final and conclusive on September 22, 2017.

[Criminal Facts]

1. Larceny of intrusion on night buildings;

A. At around 01:40 on June 8, 2016, the Defendant: (a) opened and intruded into a D cafeteria operated by the victim C in Guro-gu Seoul Metropolitan Government; and (b) cut off, with one of the two keys owned by the said victim, the sum of KRW 100,000 in total, and one of the two keys of the Elsty-type taxi vehicles and one of the two keys in the G Malaysia owned by the victim F.

B. Around 02:00 on June 8, 2016, the Defendant: (a) opened a locked window and intruded into it, and was stolen with the sum of KRW 700,000,000, the cash owned by the said victim during the payment period for the gold transfer.

2. The Defendant: (a) opened a door of the instant rocketing taxi vehicle owned by the victim C by using the stolen key, such as the date and time, location, and location described in the same paragraph; (b) opened a door of the instant rocketing taxi vehicle owned by the victim C; and (c) opened a door of the instant vehicle owned by the victim F, using the continuously stolen key, with a total of KRW 150,000,000 per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and C;

1. Reports on results of field identification and investigation reports (specific suspect);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon a structure at night) concerning facts constituting an offense and Article 329 of the Criminal Act (a thief for intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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