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(영문) 대구지방법원 김천지원 2013.05.23 2013고단251
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 15, 2013, the Defendant, at around 19:43, 19:43, intruded into the scrapped e-vehicle, which is a structure managed by the victim D of the victim D in the Gu, and then deducted 40 liters from the fuel tank of the Fwing vehicle, which is owned by the victim and installed in the parking lot, using the word “self-defa” in advance, and attempted to steal 20 liters from the fuel tank of the Fwing vehicle, which is owned by the victim and owned by the victim D, and attempted to steal 20 liters from the fuel tank of the Fwing vehicle, which is located in the parking lot by using the word “self-de

Accordingly, the defendant tried to steal the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement concerning G and D;

1. Application of the Acts and subordinate statutes attached to the investigation report (verification of the fact of a crime), investigation report (the image of a suspected suspect and a vehicle owned by the suspected suspect), and photographs;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The summary of the charge of this case’s charge of not guilty of the community service order under Article 62-2 of the Criminal Act is that “the defendant, as indicated in the judgment, deducted 40 liters via the market value of 72,00 won, and put them in two in 20 liter size, thereby impairing the structure managed by the victim at night, and stolen the victim’s property.”

In light of the evidence duly adopted and examined by this court, the defendant, with a prompt name, deducted the light oil from the knife car owned by the victim and contained it in 20-liter oil tank 1, and all of the above oil pumps were discovered to be an employee of the guard company at almost one time at the remaining oil tank, and escaped from the above knife. Thus, if the facts are the same, the defendant excluded the control of the victim against the above light and moved it to his control.

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