beta
(영문) 춘천지방법원 강릉지원 2013.07.04 2013고단29

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years of imprisonment with prison labor for robbery, etc. in the Goyang Branch of the Jung-gu District Court on September 10, 2010, and the probation period becomes final and conclusive on September 18, 2010.

In addition, on December 28, 2009, the defendant was sentenced to a fine of one million won for larceny in the same court on December 28, 2009 two times more.

【Criminal Facts】

On December 26, 2012, around 03:00 on December 26, 2012, the Defendant intruded into the “E” for the operation of the victim D in the Dong-si, Gangwon-do, and then stored the 70,000-g of 10,00-g of 10,000-g of 70,000-g of the market price, which was kept in both Dongs, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation report during the suspension of execution of sentence);

1. Grounds for sentencing Article 330 of the Criminal Act applicable to the relevant criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of recommendations on the sentencing guidelines [decision of types] : thief crime group, theft and intrusion theft (special sponsor) for general property - mitigated factors: Where a person intrudes into any place, other than a living-type crime or indoor residential space, the person voluntarily surrenders [decision on the recommended area and the scope of recommendations] - Reduction area: Imprisonment with prison labor for a period of up to one year and six months;

3. Determination of sentence: A decision shall be made as above on the grounds that the above sentence is determined in light of the fact that the amount of eight months imprisonment was insignificant and the defendant voluntarily surrenders, etc.

참조조문