beta
(영문) 수원지방법원 2017.06.26 2017고단2984

야간건조물침입절도

Text

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

On April 5, 2017, at around 04:0, the Defendant intruded into the building through a door, which was not corrected for the first time in Suwon-si B, and then removed the locks of the air conditioners, which were in possession of the first floor in the commercial building, and then cut off with the object equivalent to KRW 35,300,000, total market price of the victim C owned by the victim who was in storage in the air conditioners, and with the object equivalent to KRW 33,00,000, total market price of KRW 2,300,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes concerning the adjustment of field photographs and CCTV photographs;

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the mitigated sentence [the scope of the punishment] for general property, and the mitigated area (eight months to one year and six months] (the mitigated area] of the mitigated area;

2. Consideration, such as the fact that there has been a history of punishment several times including the punishment for the same crime as the sentence to be sentenced, the failure to recover or reach an agreement, the fact that the defendant appears to be a living crime, the confession of the crime in this case, and the fact that the amount of damage is relatively small;