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(영문) 인천지방법원 2015.07.02 2014고단8724
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person engaged in daily labor.

1. At around 00:20 on October 16, 2014, the Defendant: (a) intruded the victim D’s warehouse in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) went beyond the wooden fence and stored in the said warehouse; and (c) stolen 10 non-meter pipes equivalent to KRW 100,000 at the market price of the victim’s possession, which was the victim’s possession.

2. At around October 18, 2014, the Defendant: (a) invaded the inside of the said warehouse by the same method as described in the foregoing paragraph (1); and (b) stolen, with 20 non-meter safety launch plates equivalent to KRW 120,000, and 80,000, the market price of which was owned by the victim, and with 20 non-meter pipes equivalent to KRW 80,00,00.

3. On October 23, 2014, at the same place as above 00:05, the Defendant invadedd the inside of the said warehouse in the same manner as described in the foregoing paragraph (1), and stolen, with three non-meter safety launch plates equivalent to KRW 60,00, and one non-meter pipe equivalent to KRW 4,000, market price, which was the victim’s possession.

4. On October 23, 2014, at around 00:15, the Defendant: (a) intruded into the H factory managed by the victim G in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) stolen the Defendant with a pipe of the amount equivalent to KRW 4,000, the market price of the victim’s possession, which was kept in the said factory, via the opened door.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Non-line pipes, pipes and safety launch photographs stolen by the suspect;

1. Application of Acts and subordinate statutes on scene of crime;

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. The reason for the suspended sentence of Article 62(1) of the Criminal Act (a favorable circumstance among the reasons for sentencing below) (a decision of a sentence) (a decision of a sentence) is for the theft of general property. (b) Types 4 (a special person) (a special person) (a special person) - intrusion into places other than indoor dwelling space of the crime for which mitigation elements are to be mitigated.

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