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(영문) 서울동부지방법원 2019.05.09 2019고단862
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 8, 2017, the Defendant was sentenced to one year of imprisonment for occupational embezzlement by the Incheon District Court, and completed the enforcement of the sentence on May 18, 2018.

【Criminal Facts】

1. A thief: (a) the Defendant was on the part of the victim C in Songpa-gu Seoul Metropolitan Government as the delivery source at the D Heavy Trie store operated by the victim C; (b) on January 6, 2019, the Defendant used the gaps in which the victim’s surveillance was neglected in the above restaurant, thereby resulting in theft of KRW 1,000,000,000,000,000,000,000,000 won, which is the market value of the victim’s ownership.

2. On February 23, 2019, the Defendant: (a) around 21:30 on February 23, 2019, the Defendant: (b) opened a restaurant without correction and intruded into the restaurant; and (c) cut off one driver’s license, which is the victim’s possession, from the bank of the victim G, kept in the sloping room.

3. On March 14, 2019, the Defendant: (a) discovered one copy of the KB national card owned by the victim who was lost by the victimJ, and embezzled it in front of the IJ's Haburi-dong, Goyang-gu, Goyang-si, Goyang-si; (b) found one copy of the KB national card owned by the victim, and then acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Written Statement;

1. Records of seizure and the list of seizure;

1. A copy of report completion certificate of two-wheeled automobiles;

1. Previous records: Criminal history records, personal confinement records, current status of each individual, report on previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of two copies of judgment;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act that applies to the crime, the choice of punishment, Article 329 of the Criminal Act, Article 330 of the Criminal Act, and Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Imprisonment with prison labor for not more than 30 years;

2. The sentencing criteria shall be based on; and

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