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(영문) 서울서부지방법원 2017.06.21 2017고단198
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 15, 2016, at the construction site managed by the victim D in Eunpyeong-gu Seoul Metropolitan Government, around 04:30, the Defendant opened a 1st floor door, which was not corrected in excess of the fences of the building, and intruded into the new building. The Defendant stolen it with one “seling machine” at the market price of 170,000 won owned by the victim of the 쇠s, which was in storage in the storage box of the goods, and one set of electric dryle (two electric dryle, one charging machine) at the market price equivalent to 300,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to reports on occurrence of accidents and investigation reports (calculated of damaged articles);

1. Article 330 of the Criminal Act concerning the crime;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution include: (a) recognition of and reflects on the most unfavorable circumstances or crimes committed against the defendant; (b) the victim’s damage was recovered and smoothly agreed; and (c) the defendant’s age, occupation, sex, motive of the crime; and (d) the circumstances after the crime are considered to be considered in light of various sentencing conditions.

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