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(영문) 서울동부지방법원 2020.04.27 2019고단522
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six 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 is a person who worked in Songpa-gu Seoul Metropolitan Government “C” as an employee.

1. At around 19:00 on December 25, 2018, the Defendant: (a) committed theft in a D warehouse; (b) opened a wire line installed in the air at a different entrance; (c) opened the entrance; and (d) intruded into the entrance; and (d) cut off a fresh box equivalent to KRW 1.40,00,00 of the market price of the victim E owned by the victim; and (d) cut off a fresh box on the market price, which is an unclaimed victim’s name.

2. On December 25, 2018, the Defendant, in C, stolen at around 19:30 on December 25, 2018, stolen 10 crepits, which were located in the table in the instant box, and then stolen 2,50 won of the market price owned by the victim F, which was located in the instant box, (total market price of KRW 2,50).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV investigations, confirmation of sunset hours);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

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

(a) Class 1 crime ( night decision of type) [the thief] thief [the 4] thief [the thief] - A mitigated element] - Where a person intrudes into places, other than an indoor residential space (the recommended area and the scope of recommendations] - Special mitigation area, 4 to 1 year and 6 months [the general person] mitigation element: serious reflective element;

(b) Class 2 (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

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