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(영문) 수원지방법원 2013.09.04 2013고단2295

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On July 24, 2009, the Defendant sentenced the Suwon District Court to six months of imprisonment with prison labor for the crime of escape, etc., and completed the execution of the sentence at the Suwon Detention House on January 19, 2010.

1. On November 30, 2012, the Defendant: (a) around 03:00 on November 30, 2012, the victim D Co., Ltd. located in the wife population C, walking the tent installed in the warehouse, and intrudes into the storage facility installed adjacent to the warehouse; and (b) 3 of the victim’s market price on the stitch straw, which is equivalent to 130,000 won in the victim’s possession; and (c) stolen the Defendant’s E-wing truck.

2. On December 5, 2012, the Defendant invadedd at the same place as above in the above-mentioned method as 03:00 on December 5, 2012, and stolen five studio gates, the market value of which is equivalent to 200,000 won owned by the said victim by the same method.

Summary of Evidence

1. Defendant's legal statement;

1. F and G statements;

1. Report on investigation (Search and investigation, and specification of suspect);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of the person at the end of the final term of punishment);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. As to the Defendant’s assertion of Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the Defendant asserts that the damaged tent is a steel structure, and the tent is worn out, and the front is exposed, and when viewed as a space for temporary pilinging of the kitchen supplies, etc. from national highways, it cannot be seen as a “more summary” as it is difficult to view it as a “saved summary”.

A structure which is the object of the night building intrusion is a structure composed of a ceiling, where people can have access, it includes not only the main building, but also the main part of the appurtenant facilities, and also the "main part of the facility storage" used for the building. The "facilities storage facility" at issue in this case is the snick beam with the sn beam beam in the warehouse.