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(영문) 인천지방법원 2018.10.08 2018고단5649
야간건조물침입절도
Text

Defendant

A shall be punished by imprisonment with prison labor of four months, by a fine of two thousand won,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On January 18, 2018, Defendant A opened a H factory building managed by Victim G in Nam-gu, Incheon Metropolitan City, and entered the building, and, around that time, up to 05:10 on the following day, Defendant A removed four (4), short, 20 (20) electric power distribution boards in the market price, which was installed at a transformer that was permanently cut off at the entire place from the time to October 10, 201, and removed from it by using tools, such as a locker, drack, and drack, and loaded a car.

Accordingly, the defendant invadedd the building managed by others at night, and stolen the property.

2. Defendant B is a person engaged in the trade of scrap metal and scrap metal under the trade name of J from Incheon Dong-gu, Incheon.

From January 19, 2018 to December 20, 2018, the Defendant purchased 4 and 20 short power distribution plates that he stolen from the above J.

In such cases, the defendant, who is engaged in the sales of scrap metal, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of A, while taking into account the details of acquisition of scrap metal, motive for sale, and demand the price suitable for the transaction price.

Nevertheless, the defendant neglected this and purchased the above electric distribution board to 2.30,000 won by negligence, unless he neglected the judgment on the stolen goods.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of a suspect of the police of the person under consideration;

1. G statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 330 of the Criminal Act

B. Defendant B: Articles 364 and 362(1) of the Criminal Act; selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (defendant B)

1. Defendant ..

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