beta
(영문) 서울서부지방법원 2016.07.13 2016고단1041

야간건조물침입절도미수등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 30, 2016, the Defendant attempted to larceny at night buildings: (a) opened a gate of the Seodaemun-gu Seoul Western-gu Seoul Metropolitan Government on January 30, 2016; and (b) intruded into the said gate, and was placed in the corridor operated by the victim D at the fifth floor of the building.

Although the object was opened and stolen, the object was not stolen but the object was not stolen.

2. At night, the Defendant: (a) intruded into the above building by the method described above in the preceding paragraph at night; and (b) put the victim F, located on the fourth floor of the said building into the corridor operated by the victim F, which was located in the fourth floor of the said building;

They cut off with 1,00,000 Adisophas 1,000 square meters and SCR 1,000 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of F and D;

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the Criminal Act (a thief by a number of attempts to intrude on a structure at night);

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. The reason for sentencing under Article 62-2 of the Criminal Act, including an order to observe and attend a lecture, and an order to attend a community service order, is relatively small and the damaged goods have been returned, and the execution of a sentence has been suspended. However, the execution of a sentence is suspended, but the defendant repeats the same crime even after a suspended sentence was rendered on the grounds that the defendant committed the same kind of crime and agreed with the victim, and that it is against the victim, and thus, the same crime is repeated.