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(영문) 수원지방법원 안산지원 2014.10.31 2014고단2412
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. At night, the Defendant: (a) around 01:00 on April 24, 2014, the Defendant: (b) opened a closed door in a warehouse operated by the victim C; (c) intruded into a warehouse; and (d) loaded into the warehouse, one CPU, lamps, closed cellphone, etc., which included a total market value of KRW 3 million in total in the market value of the victim’s possession, which was in custody at that location; and (d) stolen the CPU, light, and one Mabom into the E-bot freight.

2. On August 19, 2014, at around 03:45, the Defendant: (a) committed theft, at the warehouse of a company set forth in paragraph (1) of this Article, the Defendant: (b) loaded one plastic box with the victim’s total market value of KRW 400,000,000, which is the victim’s possession before and after the said warehouse; and (c) stolen one plastic box with the victim’s market value of KRW 200,00,000,000; (d)

3. Around 01:00 on September 3, 2014, the Defendant: (a) opened a CPU, lamps, waste portablephone, etc. set up in a warehouse by the victim C; and (b) used a CPU, light, and waste portable phone, etc. set up in the warehouse; and (c) used a CPU, light, and waste portable phone, etc. set up in the front of the warehouse, and used a CPU, light, and a CPU set up in the front of the warehouse, and used a CPU, light, and waste portable phone, which are the market value of the victim’s ownership, to steal the CPU, 600,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photographs of the scene of crime, photographs of inside and outside the scene of damage, and photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that allows the choice of punishment, and Article 330 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is that the crime of this case is limited to three times of other victims, known to the criminal defendant, who is negligent in the management of the victim.

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