beta
(영문) 부산지방법원 2018.10.24 2017고단4645

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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2014, the defendant was sentenced to a suspended sentence of two years for a credit cooperative in June, 201 to violate the Act on Special Cases concerning the Settlement of Traffic Accidents at the Busan District Court.

8.2 The judgment became final and conclusive.

On September 15, 2011, at around 01:20, the Defendant opened a door in front of the D church managed by the Victim C located in Busan District, Busan District, which was not corrected, and opened a door of the drinking water-saving machine with the tool possessed by the Defendant after intrusion into the first floor of the said church.

2,00 won in cash was stolen.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Reporting on occurrence of a disaster;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, report on investigation (related to previous convictions);

1. Article 330 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is so decided as per Disposition by taking into account the following circumstances: (a) equity when a person was concurrently punished as stated in the previous conviction on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the amount of theft and the method of commission; and (c) the amount of theft and the method of commission; and (d) the Defendant’s age, sex, environment, motive and circumstance of the commission of the crime; and (e) the circumstances surrounding the commission of the crime, etc.: