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(영문) 서울남부지방법원 2015.03.10 2014고단2178
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 became final and conclusive.

Reasons

Punishment of the crime

1. On March 7, 2014, the Defendant: (a) around 00:0, the victim B, at night, stolen at the victim B, had a factory entrance door at the D factory operated by the victim B located in Guro-gu Seoul Metropolitan Government; (b) one punching machine at the victim’s location; (c) one punching machine at the victim’s market price of KRW 800,000,000 and one bicycle at the market price of KRW 300,000 and one bicycle at the market price of KRW 10,000,000.

2. Night building theft to victims E;

A. On May 5, 2014, at around 00:52, the Defendant: (a) opened a factory entrance at the G plant operated by the victim E operated by Guro-gu Seoul Metropolitan Government (FF 1323; (b) opened the factory entrance and intruded into the factory, and cut off with three string numbers equivalent to KRW 320,000,000 in the market price of the victim’s possession at the location; (c) two strings in the floor size of KRW 160,000 in the market price; (d) one string range of KRW 1.6 million in the market price; and (e) three string numbers equivalent to KRW 1.6 million in the market price.

B. The Defendant around 22:30 on May 11, 2014

At the same place as Paragraph 1, the victim-owned market price of 2 million won in the same way, which was invaded into the factory of the operation of the victim E, was 40,000 won in size, 450,000 won in size, 30,000 won in market price, 50,000 won in size, 1 of 50,000 won in size, 1 of 200,000 won in market price, and 3 of 1,50,000 won in size.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning E and B;

1. On-site photographs and reports on results of field identification in thief cases;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (including the absence of any criminal record and the agreement between both victims);

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