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(영문) 서울동부지방법원 2020.05.22 2020고단481
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On November 15, 2019, the Defendant was sentenced to a suspended sentence of three years in the Seoul Central District Court on one year and six months of imprisonment with prison labor due to building, intrusion, theft, etc., and such judgment became final and conclusive on November 23, 2019.

【Criminal Facts of Crimes” around 04:29 on February 4, 2020, the Defendant: (a) entered a cafeteria operated by the Victim C in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) entered the cafeteria through an unrecepted main window, and carried KRW 100,000,000, in cash, which is the victim’s possession in the cafeteria simplified safe.

Accordingly, the Defendant, at night, stolen the victim’s property by intrusion on the structure managed by the victim, from February 12, 2020 to February 12, 2020, stolen the total amount of KRW 1,210,000 in cash by intrusion on the structure managed by the victim at night, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, C, F, G, and H;

1. Records of seizure and the list of seizure;

1. The photograph of the seized wall;

1. Photographss and CCTV images of each site;

1. Previous records of judgment: Application of criminal history records, personal confinement records, investigation reports (a copy of judgment, etc.);

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (a decision on a type of larceny) (a) thief (a decision on a type of larceny) ; thief [a] thief [a] thief [a] thief [a] thief thief] ; 1 to 2 years and six months;

(b) Second thth thief (decision on types of thief) (decision on types of thief) (decision on types of thief) (No. 4), basic area of thief [the scope of recommending areas and recommendations], imprisonment with prison labor for one to two years;

(c) Class 3 thief (a decision of type) (a decision of thief). thief in general property.

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