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(영문) 서울서부지방법원 2012.10.12 2012고단763

야간건조물침입절도

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. On February 21, 2012, at around 21:00, the Defendant: (a) invaded into the house at the site of redevelopment works in Seodaemun-gu, Seoul; (b) cut electric wires attached to the wall by using the dracker and nacker that were prepared in advance; (c) cut off the clothes; and (d) cut off the clothes; and (d) cut off the clothing at a newspaper at approximately KRW 80,000 km of the market price of the victim D (E) owned in the area of the redevelopment works in Seodaemun-gu, Seoul; and (b) cut them by putting them in the bank at approximately 8 km of the old line owned by the victim D (E).

2. On February 21, 2012, around 21:00, the Defendant intruded into an abandoned house in the same manner as above at the same place, and stolen an abandoned house with approximately KRW 60,000,000, at the victim’s market price.

3. On March 21, 2012, from around 21:00 to around 03:50 on March 22, 2012, the Defendant intruded into an abandoned house in the same manner as above and stolen the abandoned house with a 100,000 km line of 10,000 won at the victim’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of seizure records and photographs statutes;

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) a criminal defendant, even though having been tried several times of the same kind, repeating a crime; and (b) a criminal act by preparing tools in advance through several times; but (c) a criminal act is not less vulnerable to the nature of the crime; (d) the place where the intrusion occurred is less frequent; (e) the amount of damage is not substantial; and