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(영문) 광주지방법원 해남지원 2018.01.11 2017고단454
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware that (AVS) a person who worked in the Jeju Production Book and (a) a person who stored a large quantity of high-priced vehicle electric wires (AVS) in the office of the materials unit purchased at the first floor. The Defendant was aware of the fact that he had stored a large quantity of high-priced vehicle electric wires.

On July 19, 2017, at around 20:17, the Defendant: (a) opened a closed door and intruded into the 1st floor of the purchase of the 1st floor of the victim company in Echeon-si, Gyeonggi-si; and (b) laid off the 34 roll of automobile electric wires (AVS) at the market price of 1,711,400 won owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes on internal investigation reports (including both the analysis of CCTV image data for crime prevention, the investigation and accompanying documents, photographs, CDs, etc.) and internal investigation reports (a preliminary investigation, such asCCTV image data and photographs);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [Scope of the recommended punishment] In the case of intrusion upon places other than indoor residential spaces in the area of special mitigation (4 months to one year and six months), the punishment of which is not imposed;

2. In light of the fact that the defendant who has been sentenced to punishment repeatedly intrudes into the warehouse of the victim and steals electric wires, the punishment shall be determined like the order, taking into consideration the favorable circumstances, such as the fact that the defendant reflects his mistake, the fact that the defendant has no record of punishment exceeding the fine, the fact that he has supported his family, etc.

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