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(영문) 수원지방법원 2016.01.13 2013고단653
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

1. On December 8, 2012, the Defendant: (a) invaded on a structure at night on December 8, 2012, 2012, by means of the stairs door, which was not corrected in D, the Defendant, living in the sixth floor of the Suwon-gu Office C, Suwon-si; (b) intruded on the victim F, who was not corrected in the corridor of the said private teaching institute; and (c) cut off one point on the victim F, who was not corrected in the said private teaching institute’s corridor, and cut off one point on the part of the victim F, the market price of which is 1,100,000 won.

2. On December 19, 2012, the Defendant: (a) intruded into the said E-private teaching institute in the same manner as before December 19, 2012, the Defendant: (b) went off one set of Nompt North Korea (net North Korea) owned by the victim, the market price of which is equivalent to KRW 400,000, when he/she intruded into the said E-private teaching institute in the same manner as before and after December 19, 2012; and (c) stolen it.

3. On December 22, 2012, the Defendant: (a) intruded into a structure at night on December 22, 2012 in the same manner as the foregoing paragraph (1) around December 04:0, 2012; and (b) destroyed the victim H’s right, which was not corrected by the corridor installed at a private teaching institute; and (c) destroyed the victim’s right, with one set of KRW 500,00 in the market price, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of F, G and H;

1. Each CCTV photograph;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. The purpose of sentencing in Article 62-2 of the Social Service Order Act is to observe the protection and observation, and the scope of final sentence due to the mitigation area (from August to January 6) of the mitigated area (from August to January 6) of the types of general property (the scope of recommendations) [special mitigated] of the mitigated area due to the aggravation of multiple crimes of living: 8 months to February 9 [decision of sentence] of the Defendant’s use of another’s property without permission on several occasions.

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