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(영문) 수원지방법원 2015.05.14 2014고단6557
야간건조물침입절도등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On October 2014, between the lower order 20:00 to 22:00, the Defendant, at the office of the victim E of the victim of the D 1st floor located in Suwon-si, Suwon-si, Inc., Ltd., the Defendant stolen the bags containing 12 copies of the sk product right of KRW 500,000,00, the market price of the victim’s possession, which the victim, who had been put on the sk product right of KRW 600,000,000, was located in Suwon-si, and all employees used the gapss accumulated in the above office.

2. On November 6, 2014, at the same place as Paragraph 1, around 21:5 on November 6, 2014, at the same time as Paragraph 1, and in the same manner as Paragraph 1, the Defendant used three sk merchandise coupons equivalent to KRW 5860,00,00 in the market value of the victim, which was the victim's possession, stored in the sk merchandise coupon on the sk page, 3 10,000 won in the sk merchandise coupon, 14,50,00 won in the sk merchandise coupon, 14,50,000 won in the sk merchandise coupon, 50,000 won in the k merchandise coupon, and 100,000 won in the new world merchandise coupon.

3. At around 19:00 on November 13, 2014, the Defendant intruded into the office in the same manner as Paragraph (1) and attempted to cut off one of the Defendant’s home flusium 100,000 won, which was the victim’s possession, after entering the office by the method as Paragraph (1). However, in the back of the office, the Defendant was not aware of the victim’s wife, i.e., F, D employee, etc., who was the victim’s wife and the victim’s employees, and did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (Incompetence, beginning offense, agreement)

1. With respect to concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing criteria are set according to the sentencing criteria and the crimes for which the sentencing criteria are not set, the lower limit is set.

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