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(영문) 대구지방법원 김천지원 2017.06.22 2017고단223

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From July 2012 to October 2016, the Defendant served in F where the victim E in Kimcheon-si was a representative director.

From around 17:30 a week to around 21:30 to around 21:30 a week, the Defendant considered that the Defendant was negligent in monitoring the plates used in a factory due to the shift of employees.

1. Around December 3, 2016, the Defendant attempted to larceny at night buildings on December 3, 2016: (a) intruded into the inside of the factory through the F factory on December 3, 2016, and the guard room in order to steal the board; (b) did not commit an attempted crime because it was flick on the window of the inside building of the factory in which the plate was kept, but flicked from the side of the restaurant building, and flicked on the window of the inside building of the factory in which the plate was kept.

2. On January 7, 2017, the Defendant: (a) invaded upon a structure at night at around 19:38, Jan. 7, 2017; (b) invaded the inside of the factory to steal the board; and (c) stolen it, with four pages, the total market value of KRW 15,00,000,00, which is the market value managed by the injured party who entered the factory through the window of the inside building and kept the inside the factory.

3. On February 4, 2017, at night, the Defendant: (a) invaded on a structure at night at F factory on February 4, 2017; (b) upon the inside of the factory to steal the board; (c) upon entering the factory through the windows of the interior building, the Defendant stolen the building at night, with a total amount of KRW 22,50,000,000, total market value of KRW 6,500 and cash amount of KRW 64,00.

4. Accordingly, the Defendant invaded a structure at night, thereby thefting or attempted to steals property equivalent to a sum of KRW 38,144,00,000, owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and a written statement of E;

1. Each protocol of seizure and each list of seizure;

1. An investigation report (e.g., by cutting off on-site CCTVs and in-faging CDs), - upon cutting down a course, an investigation report (in-faging CCTV shootings) and an investigation report (victim G.