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(영문) 의정부지방법원 2013.04.09 2013고단570
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant,

1. From around 19:50 on November 13, 2012, the Defendant cut off six half cycles equivalent to 12,70,000,000 won in total of the market price from around 19:0 to January 31, 2013, by means of a similar way on five occasions, such as in the list of crimes in attached Form, such as intrusion into the church through the entrance that was not corrected until the 19:50,000 won;

2.(a)

On February 15, 2013, at around 17:45, 17:45, G principales not corrected for the purpose of theft of property from the G principal managed by the victim F in Eunpyeong-gu Seoul E, and enter the said church into the victim’s structure, and intrudes the victim’s structure;

B. At the same time and place as referred to in the above paragraph (a), the victim Fergs owned by him and the victim Fergs with an amount equivalent to KRW 1,500,000 per half-day market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement given by the police to F;

1. Each statement of H, I, J, K, and D;

1. Suspected vehicles, reflective dust, site photographs, site photographs, etc.;

1. Application of Acts and subordinate statutes to each investigation report (report on confirmation of the time of crime, and confirmation of the time of sunset);

1. Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of the grounds for sentencing under Article 62-2 of the Criminal Act: The final sentencing range recommended by the sentencing guidelines from January to September 15: Imprisonment with prison labor to April; and

1. The following facts are revealed: (a) intrusion theft on general property among the larceny group (a) in each night-time (criminal type) as indicated in the list of crimes No. 5, 4, and 2 (b).

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