야간건조물침입절도
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 became final and conclusive.
Punishment of the crime
On November 17, 2019, at around 22:00, the Defendant: (a) intruded the victim C into the studio building of the fifth floor in which the 5th floor was newly constructed, and intruded into the front of the 1st floor measuring instrument; and (b) cut off the electric wires (HIV 4S Q, HIV 6S Q) owned by the victim with approximately KRW 80,00 in the market price of the 50,000, the first floor measuring instrument in front of the 1st floor measuring instrument.
Summary of Evidence
1. C’s legal statement;
1. Report on the occurrence of a theft incident, report on investigation (on-site verification and CCTV investigation), CCTV closure photographs, comprehensive vehicle standing photographs, investigation report (explosion of the residence of the owner of the vehicle), investigation report (in respect of damaged articles discovered from the rooftop stairs of the suspect's residence), investigation report (Attachment of seized articles photographs), investigation report (subject to direction of inspection), investigation report (subject to direction of inspection), investigation report (verification of suspect's statement)-field photographs;
1. The defendant asserts that the defendant's assertion of the police seizure protocol and the list of seized articles list is merely an entry to urology in the building of this case, and that no electric wire is stolen or stolen, and that the electric wires found on the rooftop of the dwelling of the defendant by the police are a new electric wire that he has set.
그러나 C의 법정진술과 검찰이 제출한 증거(특히 각 수사보고)를 종합하면, 피고인이 방뇨를 하기 위해 건물에 침입하였다고 하기에는 건물 체류 시간이 길었던 점, 피고인의 옥상에서 전선이 발견되었는데 그 전선들에는 C가 표시해놓은 표식이 있었으며 그러한 표식이 피고인 주장처럼 전선관리업자들에게 통용되는 공통된 표식이라고 보기 어려운 점, 피고인이 주장하는 내용들(전선업자로서 일했던 기간, 피고인이 샀다는 전선 구입 내역 및 판매된 전선의 종류)이 경찰 수사결과 허위로 밝혀진 점 등을 종합하여 볼 때, 검찰 제출 증거로 이 사건 공소사실이 합리적 의심 없이 입증되었다고...