beta
(영문) 광주지방법원 2020.11.18 2020고단4346

야간방실침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 2020, the Defendant stolen the victim E, who was hospitalized in the same room as the Defendant in the C Hospital D Hospital D Hospital D located in Gwangju North-gu, Gwangju, with a earphone in the market value of the victim’s possession and a earphone in cash 90,000 won, posted on the front line of his clothes.

2. On July 15, 2020, the Defendant: (a) around 20:33 on July 15, 2020, the Defendant: (b) opened the entrance door of a sick room, which was not opened in front of the C Hospital G heading room in which the victim F was hospitalized; and (c) cut off with one blus earphone and 60,000 won in cash at the market price of the victim’s possession, which was located in the site of the clothes labing.

Accordingly, the defendant stolen the victim's property by intrusion into the victim's room at night.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting a crime (the points of larceny at night) and Article 329 of the Criminal Act;

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

1. The fact that the criminal records of the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution are several times the same criminal records of the defendant, the degree of damage is not so significant, the victims have agreed both with the victims, and the fact that the defendant recognized the mistake and reflects it are considered as favorable sentencing factors.

In addition, the sentencing conditions specified in the records and pleadings of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered in comprehensive consideration.