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(영문) 수원지방법원 성남지원 2018.06.21 2018고단912
야간건조물침입절도
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 12, 2017 to August 31, 2017, the Defendant was dismissed while working in the Victim D Co., Ltd. (hereinafter “victim”) located in Gyeonggi-si, Gwangju-si (hereinafter “the damaged Co., Ltd.”), and was dismissed, and the Defendant was able to sell by stealing high-priced Qucle Posle (Cute Cutlery) sets which are kept in the warehouse of the victimized Co., Ltd.

On September 8, 2017, at around 01:07, the Defendant entered the entrance door in the foregoing victimized Company, which was not corrected, into the warehouse, and entered the entrance, and carried out 48 sets of documentary pool culture equivalent to five million won at the market price, which is the ownership of the victimized Company in the air room for delivery.

From that time to April 18, 2018, the Defendant stolen the property by impairing the structure between the areas, which would result in a total of KRW 57,400,000,000,000,000 from that time, to that of April 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol concerning the examination of suspect with respect to F;

1. G statements;

1. Police seizure records;

1. A criminal investigation report (in addition, CCTV closure photographs are attached), documents submitted to suspect F, and text message data;

1. Application of the Acts and subordinate statutes to a photograph of the scene of the case, a photograph of seized articles, a photograph of additionally committing a crime, and a photograph of the CCTV head;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in night buildings and larceny on March 15, 2018, the most severe punishment for concurrent crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The ground for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] the mitigated area (from August to January 6) for general property / [the special mitigated person] / [the decision of sentencing] the damage amount of this case, the method of committing the crime.

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