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(영문) 청주지방법원 2018.08.30 2018고단1251

야간건조물침입절도등

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

1. On April 2, 2018, the Defendant attempted to larceny at night, a building B at Bupyeong-si and the office of the victim C’s D office located on the third floor, which came to be front of the office of the victim C on April 2, 2018, and then came to fall under the attempted theft of the former office’s cash that he/she came to know with the police officer on March 2, 2018. However, the CCTV was installed on the part of the Defendant, and the Defendant attempted to discontinue to commit the crime by reporting the CCTV to the effect that the CCTV was installed.

2. Larceny of intrusion on night buildings;

A. On April 5, 2018, at around 19:09, the Defendant got in front of the above D office, and applied the password of the entrance of the office to the office by putting the face in a friendly and well-known manner as referred to in the above paragraph (1), and went into the office, and carried 30,000 won in cash owned by the victim in the west.

B. On April 6, 2018, at around 19:35, the Defendant intruded the victim’s office in the same manner as that of 2-A, and carried 1.6 million won in cash owned by the victim.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night over two times.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of the scene of crime;

1. Images of CCTV images at the scene of crime;

1. Application of the photographic Acts and subordinate statutes by cutting down a course relating to the sunset time of crime;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 342 and 330 (a thief by intrusion upon a structure at night) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria;

(a) Class 1 crime (the scope of recommended punishment) 4 (Intrusion Larceny) special mitigation area (the special mitigation area from April to one year) / (the special mitigation person) in a place other than indoor residential space, and no penalty surcharge is imposed against general property;

(b) the theft of 2 offences [the scope of recommendations] general property.