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(영문) 부산지방법원 2014.02.04 2013고단7686
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

At around 20:00 on August 30, 2013, the Defendant: (a) opened and intrudeed the warehouse door with the employees E’s security card and the key in the office located in the Gangseo-gu Busan Metropolitan City, which had been in possession of the warehouse D’s warehouse; and (b) cut off the amount equivalent to KRW 3.50,000,000, total of KRW 4,500,000,000,000,000 in the market price of fishery products gift 4,000.

Summary of Evidence

1. Each legal statement of witness F and E;

1. The application of Acts and subordinate statutes to an investigation report (in relation to extra investigation, attachment of a statement of phone calls in use by a suspect, attachment of a triosic photo in custody of a suspect's house air conditioners, attachment of a list of vehicles used by a suspect during the crime, attachment of a security guard system on the day of the crime, attachment of a list released by the security guard system on the day of the crime, attachment of a photograph of a vehicle entering the suspect's company, attachment of a photograph of a company, attachment of a photograph of a vehicle entering the suspect's company, attachment of a photograph of a vehicle entering the suspect after the crime, attachment of a letter of request for provision of communication confirmation data, attachment of a written response for each request for provision of communication confirmation data, investigation of movement, etc.

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act is relatively large

1. Partial innocence of the community service order under Article 62-2 of the Criminal Act;

1. Around 20:00 on August 30, 2013, the Defendant: (a) opened an office with a security card of the employee E, which had been in possession of the office of the victim E in Gangseo-gu Busan Metropolitan City, and intrudeed into the office; and (b) caused the theft of KRW 85,000 in cash owned by the victim in the islands on the book.

2. The judgment stated that when the defendant entered the above office around 20:00 on August 30, 2013, when the defendant entered the above office, F of the victim’s staff member stated that the said cash was extinguished before August 30, 2013, and that it was lost at around 14:00 on August 30, 2013.

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