beta
(영문) 창원지방법원 2014.05.21 2014고단825

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant came to the Ecafeteria operated by the victim D, who was in the Seocho-si, Kim Jong-si, and opened a cafeteria by using the cresh that the victim gets out and intrudes into the cafeteria, and cut off 2 kilograms of the 30,000 won of the market price from the main air conditioning station in the cafeteria, and cut off 100 fests of the 30,000 won of the market price, and stolen them.

In addition, the Defendant stolen 1,102,00 won in total over 16 times from the above date to March 18, 2014, as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1 to 5, 7 to 9, submitted by the prosecutor

1. The occupation of each applicable legal provision concerning facts constituting an offense (Article 319(1) of the Criminal Act), the occupation of larceny (Article 329 of the Criminal Act) and the occupation of larceny of each night building (Article 330 of the Criminal Act);

1. Selection of imprisonment with prison labor for option of punishment, crime of breaking into or taking into a structure, and larceny;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Class 1 crime: thief (Scope of recommending punishment) for general property: thief (Scope of thief) (4 to 1 year and 6 months) (special mitigation) for the purpose of living, intrusion upon places other than indoor residential space (4 types), and no penalty shall be imposed;

2. Second offense: The case of theft of buildings at night (Scope of recommending punishment); the case of theft of general property; the case of committing a crime of special mitigation (special mitigation) (4 to 1.6 months) in the area of living; or intrusion into places other than indoor residential space (4 types);

3. The scope of final sentence due to the aggravation of multiple offenses: four months to two years.

4. Determination of sentence: Ten months of imprisonment, the number of years of suspended sentence for two years, but not much damaged amount, confessions and confessions, living-oriented criminals due to old-age living, and punishment for a crime of escape from military service in 198, there are no other criminal records.