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(영문) 수원지방법원 안산지원 2013.08.13 2012고단2206

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 01:00 on July 3, 2012, the Defendant intruded into a Mail by the entrance that was not corrected from the victim D, “E” operated by the victim D (C 108), and stolen 50 km of scrap metal worth KRW 20,000, the market value of the victim’s possession, which was kept at the same time, to the Marik.

2. On July 5, 2012, at around 03:30 on July 5, 2012, the Defendant: (a) loaded and stolen scrap metal of KRW 200,000 at the market price, owned by the victim in the same manner at the same place as indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim D's hearing report);

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

1. From among concurrent criminal offenders, the punishment of larceny [a] in violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [a] thief [a] thief] in violation of the Act on the thief [a] thief] in cases of intrusion upon general property [a] - in a place other than indoor residential space in the crime requiring mitigation [a four types] in cases of intrusion (a decision on the recommended area] in special mitigation [a scope of punishment] in April to 1 year [a scope of punishment] in / 10] in cases of statutory punishment under Article 330 of the Criminal Act: (a) 1 to 10 years [a period of suspended sentence] - Major witness reasons for concurrent criminal acts: A positive life penalty [a decision on the grounds of both types of punishment] in consideration of the fact that the defendant had the history of punishment for the same kind of criminal