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(영문) 서울중앙지방법원 2018.09.20 2018고단4756
건조물침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 17, 2018, the Defendant invadedd a structure: (a) around 12:15, the Defendant opened a entrance at the victim’s office located in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu Seoul), and opened a entrance at several times, and intruded into the victim’s office by opening the entrance door at which employees, including the victim, had opened the entrance for the purpose of cutting away things from the D original office of the victim’s operation D (B) located in Jongno-gu Seoul Metropolitan Government B.

2. At the same time and place as set forth in paragraph 1, the Defendant continued to have KRW 15 million in cash of KRW 300,000,000 ( KRW 50,000, KRW 300) owned by the victim C and KRW 1 million in front of the check, and continued to have KRW 3 million in cash of KRW 50,000,000, KRW 1 million in front of the victim E, which is owned by the victim E, in the victim E.

Accordingly, the Defendant stolen the total amount of KRW 28 million owned by the victim C and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Reports on internal investigation (verification of on-site CCTV and confirmation of the suspect's moving-in of the suspect);

1. A protocol of seizure and a list of seizure;

1. Seven copies of field photographs, application of the Acts and subordinate statutes governing the check;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the occupation of a structure intrusion) and Article 329 of the Criminal Act (the occupation of an instrument) and the choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are as follows: (a) the victim C does not want the punishment of the defendant by agreement with the victim C; (b) some of the damaged items were returned to the victim C; (c) even though the defendant was punished for larceny several times, the crime of this case was committed at the same time; (d) the check and cash that the defendant stolen amount to KRW 28 million; and (e) the punishment is determined as ordered in consideration of various sentencing conditions, such as the character and conduct of the defendant, environment, circumstances of the crime, and circumstances after the crime.

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