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(영문) 수원지방법원 안산지원 2016.04.29 2016고단622

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant was sentenced to one year and six months of imprisonment and six months of imprisonment, and completed the execution of the sentence on March 25, 2015, in relation to the support for childbirth of Suwon Fagwon, for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

1. Night-time theft;

A. From November 30 to December 2, 2015, the Defendant committed the crime, from November 30, 2015, to December 2, 2015, when 2015, came to be the victim D’s house wall located in C when light lighting around 20:30 to December 2, 2015, and came to fall into the victim D’s house wall at around 0:00,000, the Defendant stolen the waste electric wires worth KRW 1.20 km from the market price, which is the victim’s possession being kept in custody, to the outside of the wall.

Accordingly, the defendant abused another's residence at night and stolen the property.

B. On December 8, 2015, the Defendant: (a) intruded into the above place on December 8, 2015 at around 22:30, and going through sunrise beyond the fence; and (b) stolen waste electric wires worth KRW 100,000,000, at the market price of the victim, who was under custody during the said place; and (c) transferred them to outside of the fence.

Accordingly, the defendant abused another's residence at night and stolen the property.

2. On December 24, 2015, the Defendant: (a) around 19:20 to 23:06, the Defendant: (b) had a warehouse managed by the Victim G, an employee of the “F,” who is an electrical facility operator of the electric facilities installed in E, at the time of light lighting; (c) had a secret between the flag fence installed with a thickly and intruded into the said place; (d) had the victim stored in the said place; (e) had a light-dong line 150km; and (e) had an electric cable 1.50km with clothes; and (e) had an electric cable 300 km in total at the market price; and (e) had an electric cable 300 km with a clothes.

Accordingly, the defendant invadedd another person's structure at night and stolen property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of G and D;

1. Previous convictions: Application of an inquiry letter, inquiry letter, and written certificate of confinement, such as criminal history;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;