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(영문) 서울중앙지방법원 2013.11.07 2013고단6150
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

Punishment of the crime

1. Around June 2013, the Defendant acquired one Samsung GallonNo at a price equivalent to 900,000 won at which the victim lost his/her name on the road located in Bupyeong-gu Incheon, Bupyeong-gu.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. From around 03:00 on September 1, 2013 to 06:0, the Defendant acquired one smartphone in front of a restaurant located in the exit area of 10:00, the victim’s market price owned by the victim F, which is equivalent to one million won, from the victim’s loss.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

3. At around 21:00 on September 23, 2013, the Defendant: (a) destroyed a bruptor at the construction site of a new brug in Gwanak-gu, Seoul Special Metropolitan City by cutting off electric wires using a kacker’s knife that had an electric cable installed at that site; and (b) destroyed the electric wires with 700,000 won at the market price of the victim’s possession by cutting off the knife lines from the electric wires installed at that place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The police statement of H and F;

1. Application of the Acts and subordinate statutes concerning seized articles;

1. Relevant Articles 330 and 360 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. Suspension of execution (all circumstances, such as reflectivity, recovery of damaged goods, and promise to prevent recidivism);

1. Article 48 (1) of the Criminal Act of confiscation;

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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