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(영문) 서울중앙지방법원 2017.01.24 2016고단4223
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

[2016 Highest 4223]

1. The Defendant: (a) On March 2016, 2016, at the “E” restaurant for the victim D’s D operation located in the Seocho-gu Seoul Special Metropolitan City, Gwanak-gu apartment building; and (b) on the basis of steel strawing, the Defendant: (c) 1,500 won of the market price owned by the victim while being kept in the box by putting the hand into the box; and (d) 1,500 won of the market price owned by the victim while being kept in the box.

In addition, from June 21, 2016 to June 21, 2016, the victims of the total amount of KRW 9,500, as shown in the list of offenses, were stolen.

2. On May 30, 2016, the Defendant: (a) around 05:08 around 05:08, the Defendant: (b) made use of the plastic tent, which is installed instead of outer walls, with the iron strawing, went into the string, and went into the string, and went into the 3,000 won in total of the market prices owned by the victim D who was in custody of the said box in the said restaurant, and went into the 2 bottle.

Accordingly, the defendant invadedd a structure managed by the damaged person at night, and stolen the property.

[2016 Highest 5496] On July 31, 2016, the Defendant had a gap of 3,000 won in other market prices, where the victim’s name and non-operating of the warehouse of the "G" restaurant while the Defendant was in front of the Seoul Special Metropolitan City, Gwanak-gu.

Accordingly, the defendant stolen another's property.

Summary of Evidence

[2016 Highest 4223]

1. Statement by the defendant in court;

1. Each statement of D, H, I, and J;

1. An investigation report (as to the confirmation of sunrise time), and a photograph of one-time information from May 30, 2016 (as to the order of 2016, group 5496);

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of K;

1. Relevant legal provisions concerning facts constituting an offense, and Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment), and Article 330 of the Criminal Act (the point of larceny by intrusion on night buildings);

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 suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on the observation of protection is repeated against a restaurant with no main reason.

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