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(영문) 인천지방법원 부천지원 2013.06.28 2013고단790

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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

피고인은 경기 고양시 일산서구 B에 있는 피해자 C 운영의 ‘SK네트웍스 D대리점‘ 휴대폰 매장의 종업원으로 근무하였던 사람이다.

1. On March 18, 2013, the Defendant revoked the corrective device using a security card held without returning it after retirement at the above cell phone store, and then intruded into the above store warehouse, and stolen 10 vehicles of “5,140,000 Aphones” equivalent to the total market value of 8,140,000 won.

Accordingly, the defendant stolen the victim's property.

2. On March 27, 2013, at around 22:05, the Defendant intruded into the above store storage by the aforementioned method, and cut off one of the 20,592,00 won in total of the market value of the victim’s possession, which was kept in the said storage, “Aphone 516G”, “Aphone 532G,” and “Aphone 564G”.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of investigation reports (specifics of thief products) Acts and subordinate 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. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively taking into account all the circumstances, such as the following: (a) the motive and means of the instant crime; (b) the age, character, environment, and primary crime of the Defendant; (c) the confession and reflect of the instant crime; and (d) the full compensation of the amount