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(영문) 수원지방법원 안산지원 2018.01.18 2017고단2543

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

【Criminal Records of Crimes】 On June 21, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, and 2 years of suspended execution on June 29, 2017, and the judgment became final and conclusive.

[Criminal Facts]

1. On February 15, 2017, at night, the Defendant: (a) thief who intrudes into a structure at night; (b) 04:50 on February 15, 2017, at the “E” restaurant operated by the victim D, the Defendant: (c) obstructed the entrance, so far as possible; (d) invaded into the entrance, and (e) stolen it with cash 20,000 won; and (e) CCTV installed in the market; and (e) stolen

2. On February 20, 2017: (a) around 07:19, the Defendant: (b) committed intrusion on a structure; (c) caused the entrance door to the “Guidebook” operated by the victim G in Ansan-si, Ansan-si; and (d) caused the victim G in the second floor; and (c) cut off the entrance door to the “Guidebook” operated by the victim G in the second floor, with a total of KRW 1,760,000, total market price of KRW 1,700,000, market price of KRW 30,000, and KRW 1,760,000, market price of which is the victim’s ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. A report on the results of field identification;

1. On-site photographs, picture of the case (on-site and tracking of the suspect), and picture of the case;

1. A theft report (thief), internal investigation report (CCTV image internal investigation, etc.), internal investigation report (on-site investigation, etc.), investigation report (the name of the crime in the case of the occurrence of the “Guide”), and the closure of the time table during sunrise;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act concerning the crime, the choice of punishment (a thief by intrusion upon a structure at night), Article 319 (1) of the Criminal Act (a point of intrusion upon a structure, choice of imprisonment with prison labor), Article 329 of the Criminal Act (a point of section 329 of the Criminal Act, and choice of imprisonment with prison labor);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing) is as follows.