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(영문) 서울중앙지방법원 2013.05.24 2013고단1600
야간건조물침입절도
Text

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

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

Reasons

Punishment of the crime

On March 20, 2013, from around 20:0 to 20:30, the Defendant opened the entrance of the said private teaching institute in the second floor of the Seoul Gwangjin-gu Seoul Special Metropolitan City, and intruded into the office, and used a gap in surveillance, took place with a total of five mobile phones, such as a 800,000 won of the market price owned by the victim E, which was located in the table of surveillance, from around 20:0 to around 20:0,000, with seven mobile phones with a total of at least 5,30,000 won of the market price of the victim E, from that to that of 21:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, I, J, and K;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 (C) of the Probation Criminal Act is the following circumstances: (a) although the defendant has been subject to juvenile protective disposition on several occasions, the crime is repeated; (b) the minimum amount of damage is expected to be recovered by returning all of the larcenys of this case to the victims; (c) the result of efforts made by the defendant to recover damage, such as paying a separate consolation money, etc. to the victims who can communicate with the victim, (d) the victim E, H, I, I, J, and the victims have agreed to pay a separate consolation money, and thus, appeal against the above victims is brought against the defendant; and (c) the execution relation against the defendant is clear.

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