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(영문) 창원지방법원 2016.08.02 2016고단395
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant served as the production director of E Co., Ltd. operated by the victim D in the window C of Changwon-si, and was willing to steal rubber products produced by the said E Co., Ltd.

On October 29, 2015, at around 19:40, the Defendant came to Dong, a production factory A, and entered and intrudes into a factory entrance that was not corrected by any cresh that had been left by all employees, and then used the cresh in the factory, and used the cresh rubber (CMB) standard product (name E-700), 1,050 km from July 2014 to the above date, with a total of KRW 119,836,50,00 in total over 46 times, as described in the list of crimes in the separate sheet.

Accordingly, the defendant habitually intruded a structure at night and stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of each police officer against F, G, H, I, and J;

1. Each police statement made against K, L, or M;

1. N’s statement;

1. Each internal investigation report and each investigation report;

1. Copy of each passbook, copies of transactions, differences in inventory, current status of transactions, details of larceny on quantitative standards, and details of larceny on an amount-based basis;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the crimes under the same Acts have been committed repeatedly over 46 times a year and 3 months;

1. Articles 332 and 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order requires strict punishment in that the defendant has repeatedly committed an act of stealing the company's trust and 46 times a year and 3 months a total of KRW 119,836,50 on 46 occasions between one year and 3 months: Provided, That the defendant's total amount of KRW 85,30,000 for the victim.

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