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(영문) 서울중앙지방법원 2016.01.28 2015고단6312
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2015, the Defendant, on August 12, 2015, invaded into the warehouse opened by the victim C in Gwanak-gu, Seoul Special Metropolitan City at around 01:00, with one set of electric cable equivalent to KRW 40,00 in the market price owned by the victim C, and stolen it.

2. On August 15, 2015, the Defendant committed the crime, around 01:00 on August 15, 2015, at the same place as above, cut off with one distribution line of the old-ri electric wire equivalent to KRW 40,00,00, at the market price owned by the victim.

3. On August 18, 2015, the Defendant committed the crime, around 01:00 on August 18, 2015, at the same place as above, cut off with one distribution line of the old-ri electric wire equivalent to KRW 80,00,00, at the market price owned by the victim.

4. On August 21, 2015, the Defendant committed the crime, around 01:00 on August 21, 2015, at the same place as above, stolen the Defendant with one distribution line with an electric cable equivalent to KRW 80,00,00 in the market price owned by the victim.

5. On August 24, 2015, the Defendant committed the crime, around 01:00 on August 24, 2015, at the same place as above, stolen the Defendant with one distribution line with an electric cable equivalent to KRW 80,00,00 in the market price owned by the victim.

6. On August 26, 2015, the Defendant committed the crime, around 00:50 on August 21, 2015, at the same place as above, stolen the Defendant with one distribution line of the old electric wire equivalent to KRW 40,000,000, at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of damage to victim C);

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act are as follows: the following circumstances, Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions shown in the argument of this case.

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