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(영문) 수원지방법원 2019.03.27 2018고단5629
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On June 8, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for night building intrusion larceny at the Suwon District Court, which became final and conclusive on June 16, 2018, and is currently under suspension of execution.

【Criminal Facts】

On July 20, 2018, the Defendant: (a) knew on July 20, 2018, at the construction site of the Gosung-si B apartment construction site, and was negligent in managing various construction materials; (b) discovered that people left the construction site; and (c) discovered that they stolen electric wires from the construction site.

At around 22:30 of the same day, the victim C indictment in the underground floor of the above construction site is specified as G in the indictment.

Although the managing body of the warehouse where damaged materials were stored is G, it is reasonable to see that the victim C is C, since C, the actual manager of the warehouse, is awarded a subcontract from G and purchased materials, etc. stored in the warehouse.

The defendant also reported the victim to C and agreed with C. Since there is no possibility of infringing the defendant's right of defense, the facts charged shall be corrected ex officio.

The material warehouses under this management and the employees E of the Victim Co., Ltd. intruded into the material warehouses managed by E, and carried approximately 10 m cables for broadcasting 300 meters in length and 300m GW 16m electric wires (referring to approximately 4-60,000 won at the market price) onto the hand bags located at the location, carrying about about 10m of 16m electric wires at the location, and moving about 5 entrances at the construction site of the first floor above the ground, and carried about 30m cable lines, including electric wires owned by the victim Co., Ltd., with approximately 120-180,00 won at the market price).

Accordingly, the defendant invadedd a structure managed by the victims at night, and stolen the victims' property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The statements of victims, E, and C of the F;

1. A report on occurrence (thief) and investigation report site, and the scene of crime;

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