beta
(영문) 대전지방법원 2015.08.18 2015고단1484

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to one year and two months of imprisonment for attempted larceny at Daejeon District Court on November 27, 2013, and completed the execution of the sentence in the official prison on November 27, 2013.

On April 25, 2015, around 20:52, the Defendant: (a) opened a door to the Diplomatic Association located in Daejeon Seo-gu Seoul, Daejeon; (b) discovered that there is no one in the office of the victim E; and (c) intruded into the office; and (d) found that there is no one in the office of the victim E; and (b) used approximately KRW 30,000,000 in cash, which was located on the book, and KRW 30,000 in the bank, KRW 30,000 in the market price of the victim’s ownership; (c) one painting, one painting, one USB, one book, two books, and one key.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. CCTV photographs and photographs taken from the scene of crime;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

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

1. The sentencing of Article 35 of the Criminal Act is reasonable considering the fact that the victim does not have the punishment of the defendant, but is a repeated offender of the same kind, the same kind and different types of power, etc., in light of the sentencing of Article 35 of the Criminal Act among repeated offenders.

It is so decided as per Disposition for the above reasons.