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(영문) 의정부지방법원 고양지원 2018.02.22 2016고단868
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2015, the Defendant: (a) around 01:30 on December 5, 2015, the reconstruction project does not proceed by exercising, occupying, etc. the said reconstruction site at the sale site office at the FF reconstruction site office for at least one year; (b) the Defendant entered the said sale site office into the office of sale in lots; (c) destroyed the office glass equivalent to KRW 3,000,000, the market price of the victim FF reconstruction project partnership’s possession by using pipes of construction materials located therein; and (d) put the victim ES Construction Co., Ltd.’s interest of KRW 17,60,000,000 at the market price on the apartment model; and (e) continued to have the above apartment model of KRW 17,60,000 at the market price on the apartment model owned by the said victim FF improvement project association, which is the owner of the said reconstruction site, or caused them to have the damaged or damaged the things in the office by taking over the floor.

2. A thief who intrudes upon a structure at night, entering a sales office in the same manner as described in paragraph (1), and was located in such office;

H with three main computers equivalent to the total market value of KRW 2,00,000,000, which was owned by the victim FF reconstruction and rearrangement project association, were stolen.

Accordingly, the defendant invadedd a structure at night and stolen the property.

Summary of Evidence

1. The defendant's legal statement (for the crimes listed in the holding, at the 16th trial date only for the crimes listed in the holding);

1. Legal statement of a witness I;

1. A protocol of seizure and a list of seizure;

1. Written estimate of damage;

1. On-site photographs, seized objects photographs, apartment model photographs, photo of the truth-free cleaning apparatus photographs and other on-site photographs (the defense counsel of the defendant has no intention to larceny and illegal acquisition against the defendant in relation to the facts charged in paragraph (2);

The argument is asserted.

The Criminal Law refers to the removal of the possession of the object owned by a person other than himself/herself from the possession of the object owned by another person against the will of the possessor and the transfer of the object to his/her or a third person

In addition, the intention of illegal acquisition necessary for the establishment of larceny is that of another person.

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