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(영문) 서울북부지방법원 2014.09.04 2014고단139
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six 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

[2014 Highest 139] The Defendant made a tool with which two face tapes are attached to the 쇠ri, put them in a string, put them in a string, cut cash into a double-face tape, cut off cash with a double-face tape on December 31, 2013, and invaded into D’s “list” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C on December 31, 2013, and cut off cash of KRW 37,00,000, which was owned by the victim D, who was not put into a string using the said tool.

[2014 Highest 2245]

1. On April 23, 2014, the Defendant: (a) made tools to string the thrings to both sides tapes; and (b) laid down them into the pulmonary shield box of the inspection strings; (c) 56,000 won, which was the victim’s possession, and was the victim’s 56,000 won, which was the victim’s possession, in the F located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu E, in a way that she laid up the strings into the strings of the inspection strings; and (d) removed cash from the F, located in the 23:30 on April 23, 2014.

2. On July 1, 2014, at around 00:05 on July 1, 2014, the Defendant stolen KRW 17,000, in cash owned by the victim F, who was unable to kill by the same method as that described in paragraph (1), from a place described in paragraph (1) at a place specified in paragraph (1).

Summary of Evidence

1. The defendant's legal statement [2014 Highest 139];

1. A written statement of the G production;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. A criminal investigation report (to attach one-time information);

1. The police statement of H;

1. Protocols of seizure, list of seized articles and photographs thereof;

1. Application of each statute on photographs;

1. Relevant Articles 330 and 329 of the Criminal Act concerning facts constituting an offense (a point of larceny at night and a choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the amount of damage caused by the instant crime is not significant, and some of the damage was returned to the victim immediately after the instant crime was seized, the Defendant did not have any particular criminal record except for the Defendant who was punished once by a fine due to theft of the same Act. The background, method, mode, circumstance after the instant crime, character and conduct of the Defendant, and environment.

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