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(영문) 서울남부지방법원 2013.06.05 2013고단1342

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person employed by the "D" steel laboratory operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government.

1. On July 17, 2012, around 01:00, the Defendant opened a truck in advance and operated the said steel laboratory through the front door of the said steel laboratory, and intruded into the said steel laboratory, and thereafter, the Defendant loaded three strings of the victim’s market price, which is equivalent to KRW 600,000, on the truck.

2. On December 4, 2012, around 01:00, the Defendant intruded into the said steel laboratory in the same manner as described in paragraph (1), and loaded 120 km of scrap metal equivalent to KRW 300,000 at the market price owned by the victim at that place on the truck and stolen it.

3. On April 9, 2013, around 05:00, the Defendant intruded into the said steel laboratory in the same manner as described in paragraph (1), and loaded 2,086,000 won of the market price owned by the victim at that place and 6 of the Switzerland lease plate and 375km of the scrap metal on the truck.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Investigation reports (Attachment of purchase account books for damaged articles);

1. Application of Acts and subordinate statutes to CCTV photographs around the site;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., a white and reflective act, and there exists no record of having been sentenced to the same kind of power and severe punishment as well as the punishment by a fine twice; the place of the crime in this case is not a residential space where the victim resides and is deemed to fall under a crime of living type for the preparation of medical expenses);