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(영문) 서울동부지방법원 2018.09.14 2018고단2479
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. At night, around 04:02 on February 17, 2018, the Defendant: (a) infringed on a structure at night; (b) up to 04:02, the Defendant concealed a tent with the front part of the Mat set up in the “Et” operated by Gangdong-gu Seoul Metropolitan Government Victim D; and (c) invaded into the Mat; (d) caused one red ginseng set up in the Mat, the market price of which is equivalent to KRW 200,000, and one set of KRW 5,000, in the market price of the red ginseng set up in the Mat; and (e) stolen it on three occasions, such as the entry in the list of crimes in the attached Form.

2. On July 13, 2018, the Defendant: (a) attempted to larceny at night buildings; (b) around 04:07, the Defendant: (c) attempted to steal money and valuables by exposing a tent setting up the front part of the said marina; and (d) attempted to steal money and valuables by intrudeing into the tent; (b) however, the Defendant, who was accumulated at the entrance of the marina, had a large sound from the plastic winners, and went out to play.

Accordingly, the defendant attempted to steals goods by intrusion on a structure managed by the victim at night, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each photograph (CCTV);

1. The application of Acts and subordinate statutes to report internal investigation (the CCTV verification in the course of committing a crime), investigation reports (the hearing of additional statements by a victim), and investigation reports (the verification of CCTV related to a crime on July 13, 2018);

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. Grounds for sentencing of concurrent crimes pursuant to the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed by larceny at night, No. 3 times a year a year a year a year a year a year a crime is committed against the very severe crime and the circumstances of the crime) of the aggravated Criminal Act;

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

A. In each night-time building theft [determination of type] thief, theft, intrusion theft against general property (type 4) (special sentencing factors): life penalty.

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