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(영문) 수원지방법원 안산지원 2021.01.20 2020고단2653
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2020, the Defendant infringed upon a structure, which was operated by the victim C in Ansan-si, Seoul-si, Seoul-si, and then stolen electric wires from the cable in question, and went into a tent surrounding the factory area, and infringed upon the structure.

2. The Defendant, at the same time and place as set forth in paragraph 1, stolen and stolen electric wires with electric wires of an amounting to KRW 3,554,959 at the victim C owned by the victim C, who is installed outside the factory, at the same time and place as that of paragraph 1.

3. On May 16, 2020, at night, the Defendant: (a) entered a tent to steal cable wires at the victim C’s LAD factory; (b) went into a tent in order to steal cable wires; and (c) laid off cable wires at the victim C’s location, and stolen cable wires at KRW 6,398,927 at the victim’s market price installed therein.

Summary of Evidence

1. Application of the Act and subordinate statutes to the Defendant’s legal statement C’s on-site photographs, the scene of the crime, and the specific description of the suspect vehicle, the CCTV image data investigation report (on-site and CCTV video investigation), and the investigation report (investigation into the determination of the amount of damage property);

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment), Article 329 of the Criminal Act (a point of Section 329, choice of imprisonment), Article 330 of the Criminal Act (a point of larceny of intrusion on a structure at night);

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

1. Fully circumstances, including expenses for acceptance of reasons for sentencing under Article 62(1) of the Criminal Act, including: (a) payment of 15 million won agreed upon; (b) amount of theft damage; (c) method and circumstance of the crime; and (d) fact that there is no record of the same crime;

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