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(영문) 수원지방법원 2016.11.17 2016고단5606
건조물침입등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 24, 2013, Defendant A joined F Co., Ltd., a corporation run by the victim E in Osan-si, Osan-si, and retired from the office around April 9, 2016.

On July 3, 2016, the Defendant came to F, Inc., the Defendant, at the time of retirement, released security using his fingerprints registered at the time of service in the company as above, and invaded upon the structures managed by the victim, by entering the office.

2. Defendants’ co-principal conduct

A. On July 25, 2016, around 22:16, the Defendants entering the building bed to F Co., Ltd., and Defendant A cancelled security by using their fingerprints and enter the office with his pipeline as above. Defendant B entered the office according to Defendant A.

As a result, the Defendants conspiredd on the structure managed by the victim.

B. On July 27, 2016, the Defendants: (a) carried a structure intrusion; and (b) carried three boxes containing about 250,000 won in piping parts (defluence) at the market price of the victim, which is the victim’s possession, after the Defendant A’s fingerprints was cancelled by means of fingerprinting in the above manner; and (c) carried three boxes, which are composed of about 250,000 won.

As a result, the Defendants conspired to intrude into the structure managed by the victim and stolen the victim's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of security sets/declassification signals;

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime A: Defendant A: Article 319(1) of the Criminal Act (in the case of a board, entering a structure under paragraph (1) and choice of imprisonment), Articles 319(1), 30 (in the case of a board, entering a structure under paragraph (2) of the same Article), and Article 331(2) and 331(1) of the Criminal Act (in the case of a board, entering a structure under paragraph (2) of the same Article) of the Criminal Act; Defendant B; Articles 319(1) and 30 of the Criminal Act of each criminal

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