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(영문) 서울동부지방법원 2018.11.08 2018고단200
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for three months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Larceny;

A. On November 7, 2017, between 18:00 and 20:00, the Defendant: (a) was at “C” store located in the Seoul Special Metropolitan City Gwangjin-gu B market; and (b) was stolen by having 10,000,000, the market price of the victim D, which was located in the display stand in the said store.

B. On December 14, 2017, at around 02:00, the Defendant: (a) placed in the “E” store located in the said B B market; (b) committed theft by having four small places of vision equivalent to KRW 20,000, the market price of the victim F, which was owned by the said store.

2. On December 13, 2017, around 23:59, the Defendant: (a) thief who intruded into a night structure: (b) opened the entrance tent at the “G” store located in the said B market; (c) intruded into the said store; and (d) cut off with 3 f,000 won at the market price, which is equivalent to 6,000 won, the victim H’s market price.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of D, H and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (Occupancys of larceny at night) and 329 (Findings of larceny and Selection of each fine) of the Criminal Act selection of punishment;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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