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(영문) 서울서부지방법원 2020.02.12 2019고단3917
방실침입등
Text

A defendant shall be punished by imprisonment for six 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. Crimes committed in the “Curel”;

A. On November 2, 2019, at around 07:19, the Defendant: (a) opened a visiting room in front of the Yongsan-gu Seoul, Yongsan-gu, Seoul, where the victim D was able to steals property; (b) went into the room managed by the victim; and (c) went into the room, and then, (d) took one gallon 9 on the part of the victim, which was in the room. (b) At around 07:26, the Defendant: (a) opened a visiting room that was not corrected by the victim’s idea of theft; and (b) infringed the victim’s management room; (c) took advantage of the victim’s age of KRW 149,080, 100,000 at the market price owned by the victim; and (d) took 10,000,000,000,000,000 from the victim’s “Seoul-gu, 10,000.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement B, D, and I;

1. The police seizure record and the list of seizure;

1. The CD;

1. Application of Acts and subordinate statutes to each internal report (CCTV image analysis, and CCTV image verification at the scene of occurrence);

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (Influence point), Article 329 of the Criminal Act (Influence point), and Article 329 of the Criminal Act, and choice of imprisonment with prison labor;

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. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act that a criminal defendant intrudes into another person's room and steals property is not good to the nature of the crime, and the damage was not recovered. However, the defendant's age, character and behavior, environment, motive and circumstance of the crime, the amount of damage, and circumstances after the crime, etc. are indicated in the records and arguments of this case.

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