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(영문) 수원지방법원 안산지원 2014.05.22 2013고단2310

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 03:00 on July 28, 2013, the Defendant came to “E real estate” in the victim D’s operation in Silung City, the Defendant cut off the amount equivalent to KRW 4,000,000 at the market price of one equipment sets, such as the scoo-boo power control devices, respiratory devices, etc., owned by the victim, which were located there, by inserting any crepit in the surrounding areas, and by opening a door through a cresh in the reading center, and exposing it into the reading center, the Defendant cut off the amount equivalent to KRW 10,00,000 at the market price of one set of fishing period, KRW 380,00,000, and KRW 300,000 at the market price of two divings, and KRW 4,780,000,000 at the market price of the above goods owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of D police officer;

1. Police seizure records;

1. Application of the photograph of the case and the Act of Report on Investigation

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc., of the Act on Probation, Etc., the following facts are comprehensively considered: (a) the Defendant’s crime of this case, which stolen the victim’s goods by opening a steel door at night; and (b) the Defendant has been punished several times due to the same kind of crime; (c) the Defendant is deemed to have a record of committing the crime; (d) the Defendant has committed a profoundly against the Defendant’s wrong life through confinement for a considerable period of time; (d) the damage from the instant crime was recovered and agreed with the victim; (e) the Defendant’s criminal records were restored before 2005; and (e) the Defendant’s age, character, intelligence, intelligence and environment, motive, method, method, and consequence of the crime, and the circumstances before and