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(영문) 서울서부지방법원 2014.12.24 2014고단3061

야간건조물침입절도등

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A defendant shall be punished by imprisonment for not less than eight months.

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

1. On March 29, 2014, the Defendant: around 3:32, 2014, intruded into the construction site of any new building located in Eunpyeong-gu Seoul Metropolitan Government, with any cresh; and (b) had 60 km (50 km) the market value of the victim’s sexually handicapped, owned by the victim.

From that time to September 26, 2014, the Defendant had a total sum of 805,000 won, which is the market price of the victims, by the same method five times, as shown in the attached list of crimes, from that time to September 26, 2014.

Accordingly, the defendant invadedd a structure at night and stolen the victims' property.

2. On September 26, 2014, the Defendant, who attempted to larceny at night buildings, went into the construction site at the construction site of Eunpyeong-gu Seoul Metropolitan Government (Seoul Metropolitan Government D New Building), to see whether there is any tent that would have been stolen, and intrude into the construction site at the construction site. However, the Defendant immediately went out of the construction site to the person who was unaware of the name.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of F, G, H and I;

1. Each investigation report and the application of the Acts and subordinate statutes governing the report;

1. Articles 330 and 342 of the Criminal Act applicable to the crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration to make a confession of criminal conduct, the value of the damaged goods relatively minor, and the fact of living under detention near two months);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;