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(영문) 인천지방법원 2014.11.19 2014고단4090
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On April 2, 2014, at around 03:30, the Defendant opened three strings in front of the Yeonsu-gu Incheon Metropolitan City C apartment site, which were not corrected, and intruded into the said apartment site, and then, the Defendant stolen seven strings of merit, the market price of which is equivalent to KRW 175,000, which was kept at the same time, was loaded into the Defendant’s D-wing and freight vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each testimony of witness E and F;

1. Application of Acts and subordinate statutes to damaged articles and photographs of suspected vehicles;

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (the decision of a suspended sentence) is the thief in general property (the special sentencing factor) where the types of theft [the special sentencing factor] living types, living crimes, and places other than indoor residential spaces (the scope of recommending punishment is less than the market value of stolen goods] from April to June 1 (the scope of recommending punishment), and agreed with the victim, and the execution of imprisonment with prison labor against the defendant is suspended, taking into account the fact that the defendant is against a living-type crime.

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