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(영문) 서울중앙지방법원 2017.10.25 2017고단4975
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2017 Highest 4975] On February 1, 2017, the Defendant intruded into D department stores located in Jung-gu Seoul, Jung-gu, Seoul with an intention to steals things, and the employees and security personnel of the said department stores waiting to leave the office until leaving the office. At approximately 27,000 won of the market price owned by the victim F in the E store around 20:45, when the closure point was closed, and stolen it from that time until March 10, 2017, the Defendant stolen the property amounting to the total of KRW 4.490,00,000 in the market price owned by others by destroying buildings at night over 10 times, such as the daily list of crimes, from March 10, 2017.

[2017 Highest 6360] On August 7, 2017, around 19:05, the Defendant cut off the victim G, an employee, with one set of one set of the wind string of the market price equivalent to 7,020 won in the store where the surveillance of the victim G is neglected, within the “cost costm store” located in Seocho-gu Seoul Metropolitan Government Yang Jae-gu, Seoul. 159.

Summary of Evidence

[2017 Highest 4975]

1. Statement by the defendant in court;

1. Each statement of H, I, J, K, L, M, N,O, F, and P;

1. Police seizure records;

1. Criminal CDs;

1. The screen of the CCTV-cape in the form of crime and the CCTV photograph (2017 upper end, 6360);

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to receipts, damaged objects photographs;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief for intrusion upon a structure at night) concerning the crime (a thief) and Article 329 of the Criminal Act (a thief for the purpose of Section and a choice of imprisonment);

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

1. The scope of punishment by law: Imprisonment with prison labor for one month and 15 years;

2. Application of the sentencing criteria;

(a) Determination of types: thiefth type (Infringed thief) for general property;

(b) Special sentencing factors: Where he/she intrudes into a place other than an indoor residential space.

(c) The territory of recommendation and the scope of punishment: Imprisonment with prison labor for August and one year and six months.

(d) multiple crimes;

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