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(영문) 대전지방법원 홍성지원 2015.09.09 2015고단491

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

one (No. 1), one hacker (No. 45cm), one hacker (No. 3), one (No. 3), which has been seized.

Reasons

Punishment of the crime

[Criminal Power] On December 5, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny in the Daejeon District Court on December 5, 2013, and the judgment became final and conclusive on December 13, 2013, and is currently under probation.

【Criminal Facts】

1. Around 01:00 on May 13, 2015, the Defendant: (a) intruded into the said drainage pool in a way that goes beyond the steel fence, and cut off approximately 100 meters of electric wires (630 Q) of construction work amounting to KRW 4,580,00 in the market price owned by the Korea Rural Community Corporation, which was located in the 617-gu Hong-gun Hong-gun, Dasan-gun, the period for commencing the said drainage plan, to go beyond the steel fence; and (b) cut off approximately 100 meters of electric wires (630 Q) of construction work amounting to KRW 4,580,00 in the c

2. On May 17, 2015, at around 20:48, the Defendant: (a) intruded the places specified in paragraph (1) by the aforesaid method into a drainage room; and (b) cut off approximately KRW 51m of construction electric wires (630 Q) at the market price of the victim’s possession, which was at the drum, at approximately KRW 290,00,000; and (c) cut away from the foregoing cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Seizure records;

1. Investigation report (the analysis of CCTV at the site and the signal details of guard companies);

1. Details of the signal of the subscriber (ADT closures);

1. Application of Acts and subordinate statutes to a gene appraisal statement;

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

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

1. Article 48(1)1 of the Confiscation Criminal Act [Article 48(1)1 of the Confiscation Criminal Act [Article 48(1)2 of the same Act is also subject to forfeiture of evidence 2, evidence 5 through evidence 7. However, although the prosecutor is also seeking forfeiture of each of the crimes of this case, the defendant is limited to the statement that he used cutting machines and saw saws for each of the crimes of this case. There is no evidence to prove that the defendant used or attempted to use evidence 2, evidence 5 through evidence 7 for each of the crimes of this case. No separate forfeiture shall be made.] Reasons for sentencing [the scope of punishment under law] from 1 to 15 years [Article 48(1)1 of the Criminal Act [Article 48(1) of the Confiscation Criminal Act]. Each of the larceny crimes