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(영문) 서울중앙지방법원 2020.05.11 2019고단8689
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

1. On November 9, 2019, the Defendant committed the crime against the victim B at around 03:38, 2019, up to the first floor of the building in Gangnam-gu Seoul, Seoul, the Defendant: (a) opened a construction site entrance of the said building that was not locked by the victim; (b) intruded within the inside; and (c) stolen the total market value of KRW 7.60,000,000 in total, including KRW 100,000,000 in cash owned by the victim, KRW 2,000,000 in the cost of the said victim’s work taking place; and (d) 60,000,000,000 won in coffee 2 in the market price.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

2. On November 9, 2019, around 04:06, the Defendant: (a) invaded on the parking lot of the building at the underground parking lot of the building in Gangnam-gu Seoul E-gu, Seoul; (b) destroyed the parking lot of the building managed by the security guards; (c) opened a string line of the vehicle in the Fbenz car operated by the victims; and (d) stolen the verbal speech of the amount equivalent to KRW 200,000,000 in the market price owned by the victims.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement B and D;

1. Each internal investigation report and investigation report;

1. Application of each statute on photographs;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) (a) of the suspended sentence is that the Defendant is against the confession of each of the crimes in this case.

Part of the damage inflicted on the instant crime was seized.

In agreement with the victim B, the above victim does not want the punishment of the defendant.

A chip was entered in a place other than an indoor residential space.

The amount of damage is not high.

There is no record of criminal punishment except for a fine imposed once by fine, and there is no criminal record of the same kind.

[Unfavorable circumstances] At night.

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