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(영문) 광주지방법원 2020.08.13 2020고단2320
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:00 on May 3, 2020, the Defendant got into a factory in Seo-gu, Seo-gu, Gwangju around 03:0, and opened and driven a vehicle with a white accelerator vehicle (vehicle No. E) with a reasonable amount of KRW 30 million at the market price in the air being released by the victim D by taking advantage of the malfunction in the factory expenses inside the factory.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. Around 03:00 on May 3, 2020, the Defendant driven an accelerator vehicle of the chassis number from C plant located in the Seo-gu in Gwangju, Seo-gu to about 2km, Gwangju, while under the influence of alcohol of 0.129% of blood alcohol level, the Defendant driven a vehicle of the E-cella in a section of about 2km from the factory located in Gwangju-gu to the front side of the Seo-gu, Gwangju.

Summary of Evidence

1. A written statement of the defendant in court;

1. Investigation report (related to the verification of the on-site and CCTV images, and the collection of suspect's bags);

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to photographs of damaged objects reported as a result of regulating drinking driving;

1. Relevant Article 30 of the Criminal Act and Article 330 of the Criminal Act (the point of larceny of night buildings), Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) (the point of drinking and the choice of imprisonment) of the Road Traffic Act concerning criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is the primary offender; the defendant lost decentralization while under the influence of alcohol and seems to have committed the larceny of this case; the damaged goods have been recovered and restored from damage caused by the larceny; the crime such as blood alcohol concentration at the time of the crime in this case; the process of the crime in which the drunk driving was conducted; the distance and place where the defendant had a drunk driving; and the defendant divided his mistake; and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, and circumstances before and after the crime.

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