beta
(영문) 청주지방법원 2018.08.16 2018고단917

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2018, the Defendant committed the crime at around 01:32 on March 12, 2018, up to the “D” for the operation of the Victim C, which was located in Chungcheong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju. Around March 12, 2018, the Defendant intruded into a tent installed in order to prevent outside access, and stolen the Defendant with one sheet of the amount of KRW 3,000 in cash owned by the victim and the amount of KRW 4,00 in market value.

2. On March 25, 2018, the Defendant: (a) intruded into the said gate at around 03:10 on March 25, 2018 at the same time and place as above; and (b) took possession of 500 won in cash owned by the victim and 4,000 won in a column equivalent to the market value of 4,00 won in total; and (c) stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A investigation report (Attachment, etc. of a photograph by cutting offCCTV images);

1. Application of a part of the Acts and subordinate statutes to a photograph description;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) (the mitigated punishment) for general property: The mitigated area (the special mitigated person from August to one year) (the special mitigated person) (the fourth type) for the larceny outside the indoor residential space;

(b) A Class 2 crime (the scope of recommended punishment) for general property: (a) for the larceny area (the mitigated area of August to January) (the specially mitigated person) (the special mitigated person) for the larceny area outside the indoor residential space; (b) for the larceny area (the four types);

(c) The scope of final sentence due to the aggravation of multiple offenses: 8 months to 2 months; and

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

At night, it is not easy to commit a theft of money by intrusion on the store located in the market, and it is a criminal case that leads to the confession that the suspension of indictment has been imposed for the same crime.