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(영문) 대구지방법원 상주지원 2013.10.08 2013고단364
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On August 5, 2013, the Defendant: (a) had the intent to steal electric wires stored at the aforementioned construction site while staying in a new construction site of DD located in C at the time of residence from around August 5, 2013 and working for work related to the construction of electric wires; (b) had the electric wires stored in the said construction site around August 17, 2013; (c) parked vehicles after having arrived at the front and rear number plate of the instant construction site with blue tapes attached in front and rear number plates; (d) had the electric wires stored in the said construction site so that the CCTV does not operate with the storage of the warehouse; (d) had the lock number of the warehouse known during the said work; and (e) had intruded the storage inside the warehouse; and (e) had the victim FF Co., Ltd. recorded in the facts charged of the charge stored therein, without any changes in the indictment, in light of the clear evidence, such as investigation records, etc.

The owner has carried 54 rolls of electric wires in hand.

As a result, the defendant invadedd a structure managed at night, and stolen 54 rolls of electric wires equivalent to 4,848,60 won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G;

1. Records and lists of police seizure;

1. Application of CCTV Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that he/she has agreed to compensate for the amount of damage exceeding the amount of damage, that he/she has committed a single crime, that he/she has not committed the same criminal offense against the defendant, that he/she has no ability to punish the fine exceeding the amount of fine

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

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