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(영문) 제주지방법원 2013.12.20 2013고단1435

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. On May 29, 201, the Defendant: (a) entered the construction site of Mapo-gu Seoul Metropolitan Government B commercial building; (b) opened a container office window managed by C at the site management office; and (c) invaded the container office window managed by C; and (d) stolen it with the piracy and tools in the market price.

2. On September 14, 201, the Defendant: (a) entered the Gangnam-gu Seoul Special Metropolitan D D Construction Site and opened the entrance doors of container offices E managed by the site manager E in a fireproof manner; (b) installed one piracy 1,200,000 won at the market price; and (c) cut off with two liters with two working clothes in an amount of 1.2 million won at the site.

3. On May 21, 2013, at around 02:35, the Defendant entered the construction site of the GGGGH located in Dongjak-gu Seoul Metropolitan Government, and opened the entrance of the container office the victim H of the victim H by using the mini pum pum pum (hereinafter “cinum”) and intruded into the building site, and had one piracy equivalent to KRW 400,000,000 at the market price.

The Defendant was not aware of the fact that the Defendant intended to gather property equivalent to KRW 1,390,000 in total, such as an electric saw at the construction site in the form equivalent to KRW 2,50,000,000 in the market price, electric elevator and elevator cables equivalent to KRW 600,000 in the market price, electric cables equivalent to KRW 50,000 in the market price, electric cables equivalent to KRW 50,000 in the market price, electric wires and elevator cables (hereinafter referred to as “stove”) and wires equivalent to KRW 20,000 in the market

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and H;

1. E statements;

1. Application of seizure records and on-site photographs statutes;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act ( point of attempted larceny of a structure at night) and Article 330 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Code leads to the same crime.