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(영문) 서울북부지방법원 2016.11.25 2016고단2741
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

After graduating from the Department of Business Management of the C University, the Defendant opened a entrance at night in the inspection room in the C University International Center of the C University Management University, and used that the management was blick, the Defendant saw that students were able to steals personal belongings and stolen the personal belongings.

Accordingly, the Defendant, through the open entrance around 01:00 on May 1, 2016, intruded into the reading room of the International Center for the C University Management University located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and then stolen the Defendant’s right of measurement and economics equivalent to KRW 500,000,000 in the market value of the victim’s ownership.

In addition, from around that time to May 10, 2016, the Defendant stolen money and valuables equivalent to KRW 1,651,000 in total over 10 times, as described in the attached list of crimes, from around 01:30 to around 01:30.

Accordingly, the defendant stolen another's property by impairing a structure at night over 10 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on E, F, G, H, I, J, K, L, and M;

1. Application of the N’s written law

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. For the reason of sentencing in Article 62-2 of the Criminal Act on Probation, Category 1 / [Scope of Recommendation ] 4 (Crime of Larceny) mitigated area (Type 4) for general property (Class 8-1 and June) [Special Mitigation / 6) for mitigation area (Type 4) for mitigation area (Type 4) for indoor residential space) for general property / [Scope of Recommendation ] mitigated area (Type 4) for mitigation area (Type 8-1 and June 6) for general property / [Special Mitigation / [Scope of Recommendation ] 3 (Type 4) for cases where general property intrudes into places other than indoor residential space (Type 4) for mitigation area (Type 8-1 and June) for general property (Type 4) for mitigation area (Type 4) for indoor residential space (Type 4).

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