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(영문) 수원지방법원 안산지원 2019.05.30 2019고단517

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On July 28, 2018, the Defendant: (a) driven B cargo vehicles around 20:00 on July 28, 2018, the Defendant: (b) opened an entrance in front of the “E” located in the luminous time operated by the Victim C; (c) opened the entrance in front of the “E” located in the luminous time operated by the Victim C; and (d) intruded into the entrance, and stolen 9,350 km from the market price of the victim owned by the victim, which was KRW 1,589,50.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

2. On July 28, 2018, the Defendant: (a) driven the cargo vehicles listed in paragraph (1) around 21:50 on July 28, 2018, and opened an entrance that was not corrected in front of the “E” described in paragraph (1) at around 21:50 on July 28, 2018; and (b) invaded into the container and stolen the white paper 4,000 kilograms equivalent to KRW 1,040,000 at the market price of the victim’s possession.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in writing C;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1)