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(영문) 서울남부지방법원 2013.05.01 2013고단915
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

From October 2012 to November 201 of the same year, the Defendant was in charge of the office interior construction of the damage company E (hereinafter “damage Company”) located in the 13th floor of the building C, Geumcheon-gu Seoul Metropolitan Government. At the time, the Defendant was issued a security card allowing access to the office of the damage company, and continued to keep the card without returning it.

On March 2, 2013, the Defendant, using the security card kept under custody as above, stolen goods from the damaged company office, confirmed that the security card kept by the Defendant is still in operation at the entrance of the damaged company office located in the third floor of the above D building C at around 0:48, and then again, on March 3, 2013, at around 05:13, the Defendant opened the entrance by using the security card and opened the entrance in the above damaged company office and stored the entrance in the office, and included the total amount of KRW 6,00,000,000 in the market price of the damaged company, including 6,00,000,000.

As a result, the Defendant invadedd the office of the victimized company, and stolen the total amount of KRW 6,00,000,000 from the market price, such as Nowon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, G, H, I, J, K, and L (including the M’s statement);

1. Each protocol of seizure and the list of seizure;

1. Application of the details of the use of a security card, report on internal affairs (CCTV and bus booms investigation), investigation report (an investigation into vehicle number reading machine and suspect residence CCTV, etc.) Acts and subordinate statutes;

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

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Act (the decision on the type of punishment) (the decision on the suspended sentence of punishment) - Influence theft (a person with a special aggravated punishment) for general property - personal damage or social damage of aggravated factors, and where damage has not been recovered, the decision on the recommended range of punishment and the recommended range of punishment.

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