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(영문) 수원지방법원 성남지원 2014.08.22 2014고단1557

야간건조물침입절도등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At night, around 23:00 on January 4, 2014, the Defendant: (a) parked B Poter freight cars around the KTT Logistics Center located in Leecheon-si, 332 at its original location; (b) intruded into the said logistics center; and (c) stolen approximately 100 old electric wires (2m in length) of an amount equivalent to nine million won at the market price of the said place using the poter; and (d) loaded them into the said cargo 100,000 won.

2. At night, around 23:00 on March 14, 2014, the Defendant: (a) intruded into the said logistics center at the said place; and (b) 60 copper electric wires (2m in length) equivalent to 5.4 million won at the market price at the said place; (c) attempted to have the cargo loaded in a cargo vehicle in the foregoing manner; and (d) did not have the intention to have the security guards reported to 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and C;

1. Each police statement made to D and E;

1. A written statement;

1. Police seizure records;

1. Report on occurrence of a theft;

1. damaged articles and photographs of the scene of the case;

1. Records on field identification of thief incidents;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of CCTV photographs at the scene of crime);

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

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. Social service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the accused is committed while committing a crime; (b) the victim does not want to be punished against the accused; and (c) the accused does not have any criminal record for the same crime except that sentenced to six months of imprisonment with prison labor for larceny, etc. on December 9, 1998; and (d) the punishment shall be determined as ordered by the Ordinance,