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(영문) 서울북부지방법원 2020.06.18 2020고단1758
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At night, around 04:30 on April 10, 2020, the Defendant: (a) intruded the entrance of a vehicle in the “Dcafeteria” operated by the victim C in Dongdaemun-gu Seoul Metropolitan Government; and (b) stolen it with a studio for treatment of residues equivalent to KRW 70,000,000, the market price of the victim’s possession, which was located at the 20,000,000 won.

2. On April 10, 2020, the Defendant: (a) on April 10, 2020, on the part of the thief, on the part of the thief, a bicycle, the market price of which is the victim’s name unclaimed with locking devices in front of Dongdaemun-gu Seoul, Dongdaemun-gu

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (on-site CCTV verification), CCTV image-recording photographs;

1. Investigation report (related to the investigation of bicycles stolen by a suspect and the attachment of a leaflet);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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

1. Article 62(1) of the Criminal Act of the suspended execution (it is deemed that there are several records of punishment due to the same criminal conduct, and that the possibility of re-offending is high. However, considering the fact that the amount of damage is relatively low, the amount of damage is reflective, and the fact that it appears that the crime would have been caused due to the influence of the detailed unknown injury, etc.);

1. Article 62-2 of the Criminal Act on Probation (Orders to be put on probation in order to prevent recidivism by the accused and to provide the accused with an opportunity to reflect his/her importance);

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