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(영문) 창원지방법원마산지원 2020.08.19 2020고단105

야간주거침입절도

Text

A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2019, at around 06:10 on October 20, 2019, the Defendant: (a) opened a rear door to remove the materials that the Defendant had been stored in the Nowon-gu, Changwon-si, Masan, as an employee, from the “D’s operation” of the Victim C in Changwon-si; and (b) invaded into the upper door of the materials that the Defendant had been stored in the Nowon-gu, Seoul-si, Seoul-si, and then stolen the materials with the cash worth of KRW 1,500,000,000, at the market price of the victim’s possession on the table of the counseling room (including the Roman and the Nowon-do charging machine) and the credit cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning C;

1. Application of Acts and subordinate statutes to voluntarily report, list of seizure, certificate of seizure, and each investigation report (re-verification of the amount damaged by a victim, reporting on the currency of the victim, and time of sunrise);

1. Article 330 of the Criminal Act applicable to the crime;

1. The opinion of the prosecutor on the reason for sentencing under Article 62 (1) of the Criminal Act: Imprisonment with prison labor for two months: the probation of one year shall be the first offender and agreed with the victim; and the sentencing conditions such as the age, character and conduct, environment and circumstances of the defendant, and circumstances after the crime shall be determined as set forth in the disposition;