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(영문) 대전지방법원 천안지원 2015.07.16 2015고단747
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

except that 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

around August 2014, the Defendant is a person who retired from the victim’s “Stek Steel Co., Ltd.” (hereinafter “victim’s company”) located in Asan-si, Asan-si, 59.

1. Around 00:40 on January 17, 2015, the Defendant: (a) intruded the victim company’s factory with a fence outside of the fence; (b) went into the open site; and (c) took away the amount of waste electric wires approximately 100 meters at the market price owned by the victim company, which was accumulated in the relevant place, from the factory, to the back seat of the Bunst cargo vehicle; and (d) took away the amount of waste electric wires worth KRW 100,000,000 from the factory.

2. On January 25, 2015, the Defendant, who attempted to larceny at night buildings, went to the same place as Paragraph (1) of the same Article, and went to the night site outside of the wall, and was discovered to an employee who was in charge of the inside patrol at the marina factory, among the vehicles located outside the wall, in order to steal the amount of approximately 60 meters of waste electric wires equivalent to KRW 500,000,000, at the market price of the victim’s company, which was stored outside the wall. As such, the Defendant escaped and attempted to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of C and D

1. Relevant Articles 330 and 342 of the Criminal Act concerning facts constituting an offense;

1. Aggravation of the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, and the punishment provided for in the night, residence intrusion, which is heavier than the severity of the crime;

1. The first offense on the grounds of sentencing under Article 62(1) of the Criminal Act: Night residence intrusion larceny [the scope of recommending punishment] under Article 62(1) of the Criminal Act (where a person subject to special mitigation] is intruded into a living-type crime or a place other than an indoor residential space (type 4): A person subject to special mitigation [the scope of recommending punishment] under Article 62(1) of the Criminal Act; A person subject to special mitigation [the scope of recommending punishment] under Article 62(1) of the same Act; a person subject to special mitigation [the scope of recommending punishment] under Article 4 of the Special Mitigation Area (4 to 1.6 months] under Article 62(1) of the Criminal Act (where a person subject to special mitigation]; a person intrudes into a place other than an indoor residential space (type 4) and a person subject to heavy aggravation: a decision on April to 23:

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