beta
(영문) 수원지방법원 2017.06.23 2017고단2255

야간주거침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 31, 2017, the Defendant attempted to larceny at night, at night, on the house of the victim D, which was located in Suwon-si C or B05, and tried to remove windows from the house of the victim D, which was located in Suwon-si C or B05, and then intrudes the victim’s residence, and steals the property located therein. However, the Defendant failed to commit an attempted crime, even though the Defendant opened the crime prevention window, after hearing sound, and by reporting that the victim frighted after having gone through sound from the lock, and failed to commit an attempted crime.

2. On March 31, 2017, the Defendant: (a) around 19:40 on March 31, 2017, the Defendant: (b) committed theft with one sheet of 300,000 won in cash, which was owned by the victim’s house; and (c) one sheet of 50,000 won in mat gift certificates; (d) one sheet of 50,000 won in et gift certificates; and (e) one sheet of 5,000 won in et gift certificates; and (e) one sheet of 5,000 won in et gift certificates.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. A written statement of the F and D victim;

1. Application of Acts and subordinate statutes to photographs of each field, CCTV photographs for crime prevention, and photographs of suspects;

1. Relevant Articles 342, 330 (a person who attempts to larceny residence at night) and 330 (a person who steals residence at night) of the Criminal Act concerning the crime;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes is highly likely to intrude upon people's residence by destroying and damaging a crime prevention window at night and night, and such method is not appropriate;

It is inevitable that the defendant has a past record of two times for the same crime, and that the defendant does not completely recover from the damage to this case.

However, the punishment shall be determined in consideration of the fact that criminal records are not recently and the amount of theft is not large.