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(영문) 수원지방법원 안산지원 2016.05.19 2015고단3011
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Larceny of a structure intrusion upon victims C at night;

A. On June 19, 2015, around 04:46, the Defendant: (a) intruded into a company operated by the victim C, which was located in C, beyond the company’s fence; and (b) stolen, with a total of KRW 720,00,00,00, the market price of the victim’s possession, which was the victim.

B. On June 23, 2015, the Defendant: (a) invadedd the company’s wall above to the front gate; and (b) stolen a total of 1.260,000 won of alinium (7km x 14, 10kg x 7) owned by the victim, which was kept in the said place.

(c)

On July 4, 2015, the Defendant: (a) invadedd the company’s wall above the front gate; and (b) stolen it with 369,500 won or more at the market price owned by the victim, which was kept in custody. (c) On July 4, 2015, the Defendant stolen the Defendant’s raw materials (49kg).

2. On October 9, 2015, the Defendant: (a) had a factory tent opened at around 03:25 on October 9, 2015, at around 03:25, in a factory operated by the victim E in F at Silung-si; and (b) had intrusion upon the victim E; (c) had a tent and had the victim’s market value equivalent to the total amount of KRW 100,000,000, 2 tools boxes, and 10 meters of cables.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Photographss and investigation reports at the place of residence of the victim (to hear statements C of the victim);

1. Application of Acts and subordinate statutes to the records of seizure (voluntary submission), list of seizure, and photograph of seized articles;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing [Scope of Recommendations] Special mitigation Area (4 months to one year) (4 months to one year) for the theft of general property; (4) in cases where a person commits a living-type crime; (4) in cases where he/she intrudes into places other than indoor residential spaces; and (4) in cases where he/she does not have any punishment;

2. The defendant's age, occupation, sex, environment, and the crime of this case under the sentence below, and other circumstances.

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