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(영문) 대전지방법원 천안지원 2013.11.21 2013고단912

야간건조물침입절도

Text

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

Around April 2012, the Defendant was well aware of the fact that the scrap metal was kept in a factory D Co., Ltd. located in Asan-si with approximately one month factory, and that it was in custody in the factory. Using the following points as to the interior structure, etc. of the factory, the Defendant: (a) went into the factory; (b) around 02:00 on March 15, 2013, when the victim E intrudes the aforementioned factory fence where he was on duty, and moved the scrap metal stored in the factory from 1 to 30 meters on a two-way basis; and (c) returned it to the factory, which was loaded at approximately 325,00,000, at a distance of 50 km and loaded at the factory; and (d) returned it to the above factory, which was loaded at a distance of approximately 30 km and then removed from the factory at night; and (d) then, (e) concealed the cargo loaded at a distance of approximately 250 km of approximately 50,000 m2.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement of E;

1. The application of the relevant Acts and subordinate statutes to the protocol of seizure and the list of seizure, and the investigation report;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (the confession of a criminal conduct, and the value of the damaged goods is small

1. Article 32 (1) and (2) of the Act on Special Cases concerning the Cancellation of Lawsuit, etc. of Application for Compensation;