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(영문) 서울서부지방법원 2018.03.23 2018고단476
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2017 to early September 2017, the Defendant served as an employee in the rental car office called "E" for the operation of victims D in Yongsan-gu Seoul Metropolitan Government and the second floor.

1. Larceny of intrusion on night buildings;

A. On November 2017, the Defendant: (a) opened a window that was not set up in the said E office on November 2017, 2017, around 03:00, and intruded into the said E office; and (b) stolen, with approximately KRW 1.2 million in cash, documents related to the contract owned by the victim and the cash amount stored in the said head on the book.

B. On December 6, 2017, around December 6, 2017, the Defendant, at around 02:14, opened a window not set up in the above E office and intruded into the said E office, and stolen the contract documents owned by the victim and approximately KRW 90,000,000 in cash, which were kept in the West head on the book.

2. Around January 10, 2018, at around 03:30, the Defendant: (a) destroyed a crime prevention window on the toilet windows of the above E, and then intruded through the toilet windows; and (b) stolen the contract-related documents owned by the victim, which were kept in the head of the office book, with approximately 100 copies of cash and KRW 50,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a thief by intrusion on a structure at night) and Article 331 (1) of the Criminal Act (a thief by intrusion on a structure after damage);

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. Article 62 (1) of the Criminal Act on the Suspension of Execution. Article 62 (1) of the Criminal Act (Consideration of Damage and Consideration of Influences

1. A crime with the reason for sentencing in Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] No. 4 types (in case of intrusion larceny) in general property, the special mitigation area (4 months to 1 year and 6 months) [the special mitigation person] in case of intrusion into a place other than indoor residential space (4 types), and the crime No. 2 in case of non-exclusive punishment [the scope of recommended punishment] in the special mitigation area (4 months to 1 year and 6 months).

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