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(영문) 대전지방법원 천안지원 2013.06.13 2012고단314
야간건조물침입절도
Text

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

except that 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

The Defendant, while serving in Asan-si Asan-si Asan-si a subordinate company of the Victim C Management Co., Ltd., was aware of the key location of the container used as the material storage in the above-mentioned D-si factory, with the intention to steal the materials by entering the container, and leaving the container, with the intention to steal the materials:

1. On November 3, 2011, at least 05:50, the key was set up and intruded into the entrance door inside the iron bars adjacent to the container, and then, the vehicle valve (50A), one body valve (25A), two body valve (2), the market price of which is equivalent to KRW 500,000,000, and one million, with the view valve equivalent to the market price of KRW 2,000,000,000, in which the Defendant was carrying the material equivalent to KRW 2,000,000, in the EA car.

2. At around 06:50 of the same month, the entrance was opened and intruded into the entrance that was not set up in the warehouse, and then the vehicle was cut off by carrying 18 million won of the market price into the automatic folding machine (PPS164) with 10,000 won of the market price, 100,000,000 won of the market price (effective PR350), and 1,000,000 won of the market price (Aga 6B).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, F, G, H, and I;

1. Application of Acts and subordinate statutes to each on-site photograph, each protocol of seizure and list of seized articles, and photographs of damaged articles;

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

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

1. The enforcement of a suspended sentence under Article 62(1) of the Criminal Act is to be suspended by taking into account the following: although the defendant has the same criminal history as the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the execution of the sentence is to be deferred, taking into account the fact that all the crimes have been led to a confession

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