[2015고단265] 피고인은 2015. 2. 1. 15:00경 평택시 C 건물 주차장에서, 그곳에 놓여 있는 피해자 D 소유인 시가 합계 30만 원 상당의 노점상 조리용 기구들(떡볶이 통 1개, 순대 통 1개, 어묵 통 2개, 바람막이 3개, 파이프 8개, 호떡 누르개 7개)을 가지고 가 절취하였다.

[2015 Height916]

1. On April 25, 2015, at around 13:35, the Defendant entering into a residential premises of the victim F in Pyeongtaek-si E, who had any scrap metal to reach a value at the commercial building where the victim F in Pyeongtaek-si resides, and entered the premises through the entrance of the first floor that was not corrected on his/her own mind, and intrudes on the victim’s residence.

2. The Defendant: (a) was unable to find out things that would bring about the inside of the said place at the time and place described in paragraph (1); and (b) was stolen by taking out the victim F, who was established in front of the said commercial building, and by taking out the victim F, who was 1,50,000 won of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Photographs of damaged articles;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Articles 329 and 319 (1) of the Criminal Act applicable to the crime;

1. Determination on the application of the sentencing guidelines to the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders: The scope of recommending the sentencing guidelines to the lower limit of larceny: It shall take into account all the circumstances, including the fact that the number of times of the same kind of crime in the mitigated area (4 to October) (4), the number of times of the mitigation area (4 to October), the fact that the crime is committed again during the suspension period of execution, and the fact that the crime is