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(영문) 광주지방법원 장흥지원 2015.12.17 2015고단196
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six 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

1. On March 2015, at around 22:00, the Defendant intruded into the victim C’s plastic greenhouse located in Gangnam-gun, Gangnam-gun, Namjin-gun, through a door opened, and loaded the warehouse correction device installed at that place, using the dracker, in order, the Defendant carried the equipment of correcting the warehouse’s inside of the victim’s plastic house into the Defendant’s Swiss vehicle, one towing machine equivalent to KRW 200,000,000 in the market price owned by the victim, one electric cutting machine equivalent to KRW 50,000,000 in the market price, one electric cutting machine equivalent to KRW 50,000 in the market price, and one engine gun equivalent to KRW 50,000 in the market price.

Accordingly, the Defendant invadedd the structure managed by the victim at night, thereby thefting the victim's property and damaging the victim's property.

2. On April 5, 2015, at around 22:00, the Defendant intruded into the scene of the Korean-style Newly constructed construction works of the victim E, the Korean-style Gain-gun, and then carried the victim’s oil boiler at a level equivalent to KRW 500,00,000, the market price of the victim’s ownership, one hand, and one shower box at a level equivalent to KRW 50,000,000, market price of KRW 50,000,000.

Accordingly, the Defendant, as seen above, stolen the victim’s property by impairing the structure managed by the victim at night.

3. On October 3, 2015, at around 22:46, the Defendant opened the door of the said warehouse operated by the Victim G G in Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City, in a warehouse, and opened up the door of the said warehouse and intruded up to its inside, and loaded 3 copies of the engine error in the aggregate of KRW 200,000,000 in the market price, and 1 handbrider, etc. into the Defendant’s Swiss vehicle.

Accordingly, the Defendant, as seen above, stolen the victim’s property by impairing the structure managed by the victim at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. C’s statement;

1. Application of statutes, such as field photographs, photographs of damaged articles, CCTV photographs, etc., and photographs of damaged articles;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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