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(영문) 수원지방법원 2013.09.04 2013고단3033

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 01:00 on April 19, 2013, the Defendant: (a) opened a entrance by using a copy of the security card of the victim, which was not returned to the Defendant, and infringed upon the victim’s possession of the two floors; and (b) took one sloping project equivalent to KRW 2,00,000,000 in the market price of the victim’s ownership; and (c) cut off with one sn beam project equivalent to KRW 2,00,000 in the market price of the victim’s ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement prepared by the F;

1. Police seizure records;

1. The application of Acts and subordinate statutes to reports on the occurrence of theft, CCTV photographs at the scene of damage, details of access to security cards, investigation reports (on the spot and surrounding CCTV investigations), investigation reports (the investigation of CCTVs for recognition of vehicles), investigation reports (the identity of the accused and the extraction of mobile phone numbers), vehicle-building data, license photographic data, investigation reports, evidence-related photographs, and evidence-related photographs;

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

1. Article 62(1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Code requires strict punishment against the defendant considering the fact that the defendant was punished for the same kind of crime, the method of crime and the value of stolen goods, and the victim wants to be punished.

However, the punishment shall be determined by comprehensively taking into account all the sentencing conditions in the instant case, such as the fact that the Defendant led to the confession of the crime, the fact that the theft was seized and the victim was restored to all, and the motive, means and result of the instant crime, the circumstances after the crime, the age, character and conduct of the Defendant, and family environment.