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(영문) 서울중앙지방법원 2019.07.10 2019고단2718
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 26, 2019, at night, the Defendant: (a) around 02:30 on April 26, 2019, entered the toilet equipment room in the 6th line of Eunpyeong-gu Seoul, Seoul, for the victim D to open the above equipment room and keep the space in the cresh equipment room in order for the victim D to conduct night cleaning work; (b) discovered one Samsung Handphone, the market price of the victim’s ownership at that place, which is equivalent to KRW 500,000,000.

Accordingly, the defendant stolen property by intrusion upon the room occupied by people at night.

2. On April 26, 2019, the Defendant entered the fourth underground parking lot through the entrance of the vehicle at night at around 04:00, the Defendant: (a) discovered the victim G H sports vehicle parked in the said place; (b) opened a vehicle door; and (c) opened a vehicle at the victim’s own market located in the said place at the expense of KRW 50,000,000,000,000,000,000 won for each market price; and (d) had one 200,000,000,000,000,000 won for each market price.

Accordingly, the defendant invadedd a building managed by people at night and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Records of seizure and the list of seizure;

1. Photographs of each seized article;

1. Application of Acts and subordinate statutes to report on investigation (report on the confirmation of CCTV images at the accident site);

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. Class 1 (Determination of Punishment at Night) thiefth thief [Attachment 4] thief [No special person] thief [Scope of Recommendation and Recommendation] - Imprisonment with prison labor for one year to two years (general person) - mitigated elements: considerable damage has been recovered.

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