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(영문) 수원지방법원 성남지원 2020.02.18 2019고단2614
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 had served as the site manager from October 15, 2018 to February 19, 2019 at the construction site of the building B in Gyeonggi-nam-si from February 15, 2018.

From March 24, 2019 to March 25, 2019, the Defendant: (a) from around 00 to around 01:40 to around 01:5, the Defendant: (b) opened and destroyed the side by using a melting machine in the vicinity of the tools where steel materials are installed at the site; and (c) opened and damaged the victim C-owned tools (one compressed gas gun in the market price of 1.360,00 won; (d) the total market price of KRW 160,000,000,000 won in total; and (e) up to 8,000,000,000 won in the market price; and (e) up to 1.65,000,000 won in the market price of each E-owned tools owned by the victim; (e) up to 1.65,000,000 won in total; and (e) up to 1,560,000 won in the market price.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. A written statement;

1. A report on occurrence of a crime and a report on investigation;

1. Each photograph;

1. Application of Acts and subordinate statutes, such as requests for provision of communications data and replies, and carnets;

1. Article 330 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) has been partially agreed with the victim, and considering that

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