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(영문) 수원지방법원 2016.07.15 2015고단5896

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 2, 2014, the Defendant: (a) was guilty of larceny of a structure intrusion at night around November 2, 2014; (b) the Defendant driving a CSS3 car around 01:00 on November 2, 2014 and, at the same time, was the victim E, the victim Co., Ltd., Ltd., a representative of E, but it is reasonable to deem the stolen goods as owned by E; (c) however, it is reasonable to deem it as owned by E, and even if it is recognized as above without changing the indictment, there is a concern that the Defendant’

As such, the victim shall be corrected to E.

In the case of the factory, an unlocked entrance was opened and intruded into the factory, and 1,245,000 per annum equivalent to 200 km, 170 km, 100 g, and 100 parts of the vehicle were loaded into the vehicle in question, which are owned by the injured party in the raw materials storage.

2. On December 6, 2014, around December 6, 2014, the Defendant: (a) driven a CST3 car around 18:00 on December 6, 2014, and came to the place indicated in paragraph (1) by driving it; (b) in such a manner as above, the Defendant stolen 170 km equivalent to the victim’s market price of KRW 960,00,00; and (c) 100 parts of the automobile on the said car.

3. On December 20, 2014, the Defendant: (a) driven a cargo vehicle, the registration number of which is not known, around 18:00 on December 20, 2014; and (b) went to the place indicated in paragraph (1); (c) around 18:00 on December 20, 201, the Defendant: (a) loaded at night structures; (b) KRW 2,248,00 of Aluminium 200 kilograms; (c) 250 of construction materials; and (d) 850 of the parts of the said cargo onto the said cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of each of the CCTV-related video Acts and subordinate statutes to photographs;

1. Relevant Article 330 of the Criminal Act concerning the facts constituting an offense and Article 330 of the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Article 62-2(1) of the Criminal Act provides community service order.