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(영문) 서울동부지방법원 2016.12.08 2016고단3486
야간건조물침입절도등
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 July 16, 2016, at around 10:13, the Defendant: (a) invadedd the victim D, who is the operator of a private teaching institute, into a private teaching institute, the 3rd underground floor “C” of Gangdong-gu Seoul Metropolitan Government, within the private teaching institute, the victim D, who was the operator of a private teaching institute, into a private teaching institute; (b) stolen the cash amounting to KRW 135,00,000, which was owned by the victim in the process of his/her guidance string.

2. Night building thief;

A. On July 15, 2016, the Defendant: (a) around 20:00 on July 15, 2016, the Defendant: (b) went into the interior of the building using a cresh in which the management of the victim G, who is managing the said cresh; (c) went into the interior of the building using a cresh in which the management of the victim G, located in Yeongdeungpo-gu Seoul Metropolitan Government, was deprived of KRW 275,00 in cash managed by the victim.

B. On July 16, 2016, around 05:00 on July 16, 2016, the Defendant: (a) opened and intruded the entrance of the street cleaners, including the victim J, within the temporary closure room located in Mapo-gu Seoul Metropolitan Government H; and (b) cut off the cash amount of KRW 60,000, which was the victim’s possession of the wall that was behind the clothes, within the temporary closure room; and (c) cut off the cash amount of KRW 60,00,000, which was the victim’s possession of the wall.

C. On July 17, 2016, the Defendant, at around 05:00 on July 17, 2016, opened and intruded a entrance that was not corrected between street cleaners, including the victim J, within the temporary closure room located in Mapo-gu Seoul Metropolitan Government H, and then cut down KRW 60,000 of the cash, which was the victim’s possession, followed the clothes, and was cut down.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, J and G;

1. Application of Acts and subordinate statutes to a report on investigation (examination as to whether a person was at night during the crime committed by the FIS Association);

1. Relevant Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, which provides applicable legal provisions concerning facts constituting an offense, and each of the choice of punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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