beta
(영문) 창원지방법원 2018.01.31 2017고단3870

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

The defendant, who works as an agent for the production of an industrial valve in the victim C Co., Ltd. located in Kimhae-si, was a person who steals the industrial valve accessories stored in the above company's material warehouse, and sentenced him to sell them on the water.

1. On June 10, 2017, at least 21:00, the Defendant: (a) intruded the materials storage of the Victim C Co., Ltd. into the said warehouse through its windows; and (b) cut off 6 valves 2.8 million won in total of the market price of the victim’s possession, which was kept in custody at the said storage (Article 150-10 BODY); and (c) 7 valves (Article 150-8 “DIC”) on the Defendant’s vehicle by loading them into the Defendant’s vehicle.

2. On June 26, 2017, around 21:00, the Defendant: (a) intruded into the said warehouse in the manner as referred to in paragraph (1) and stolen 30 valves in the aggregate amount of KRW 1,200,000, the market price of the victim’s possession, which was under custody, of the said warehouse; (b) and (c) valves (Ma150-8 BDY) and valves (Ma150-2 “DIC”) on one’s own vehicle.

Accordingly, the defendant invadedd the victim's structure more than twice at night, and stolen the victim's total market value of 4 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to an investigation report (unit price for damaged goods);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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 conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents his mistake in depth and reflects it, the defendant agreed smoothly with the victim, and there are no other criminal records except that the defendant has been punished once. Besides, various kinds of sentencing shown in the records and arguments, such as the motive, means, and result of each of the crimes in this case, the circumstances after the crime, the age of the defendant, sexual behavior, intelligence, environment, etc.