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(영문) 창원지방법원 2014.10.17 2014고단2156
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 18, 2014, at least 22:40, the Defendant: (a) intruded into the E shop with the first floor entrance to sell three-story sports supplies, etc., with a view to cutting down the spread of the e shop located in Seongbuk-gu, Changwon-si; (b) then, the Defendant, who was the head of the Eart Security Team at the display site, prepared a set of 1 set of G Women’s Occupations amounting to KRW 349,000 in advance, which is the market price managed by F, the head of the Eart Security Team at the display site.

2. On April 7, 2014, around 22:35, the Defendant intruded into the third floor H clothes store by the said method as above, and used the said method to cut off 3 punishment of 177,000 won at the market price, which is the ownership of Emaart Co., Ltd., and stolen it.

3. On April 18, 2014, around 22:30 on April 18, 2014, the Defendant intruded into a second-story shop by the foregoing method, and in such a manner as above, 10 protrudings, such as a scam, cut, cut, cut, and cut down the 143,570 won at the market price of e-mail, a stock company, by the foregoing method.

Summary of Evidence

1. Defendant's legal statement;

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

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act suspended execution ( normal consideration, such as the fact that the damage was completely recovered);

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

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