야간건조물침입절도등
A defendant shall be punished by imprisonment for six months.
Seized evidence 6 or 8 shall be confiscated.
Punishment of the crime
On January 26, 2016, the Defendant was sentenced to a suspended sentence of three years on May 27, 2016, for the following reasons: (a) a prison term of one year and six months; (b) a prison term of one year and six months; and (c) the judgment became final and conclusive on May 27, 2016.
Criminal facts
1. On December 27, 2016, around 01:37, the Defendant thief was placed in front of the Gyeonggi-do Si Si, Gunpo-si, Gunpo-si, Gunpo-si, and the Defendant 2 more than 60,000,000 won in total of the market value of the victim-owned truck, which was loaded in loading the said truck, after being placed in front of the victim-owned Epo-si, Gunpo-si.
In advance, the preparation was made, and the ship was loaded in Libya.
Accordingly, the defendant stolen the victim's property.
2. From January 9, 2017, around 01:49, the Defendant: (a) entered the construction site of a new building managed by the victim H in front of the G church located in Gwangju-si, Gyeonggi-do; (b) entered the said building through an unrecepted entrance door; (c) had one slock in an amount of KRW 900,000,000, the market price of the victim’s ownership; and (d) had one slock in preparation in advance.
Accordingly, the defendant invadedd a structure managed by the victim and stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the respective Acts and subordinate statutes of D and H
1. Article 330 of the Criminal Act (a thief by intrusion on a structure at night) and Article 329 of the Criminal Act (a thief by intention and a choice of imprisonment) 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. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the defendant was sentenced to a suspended sentence for the same crime, and thus, he/she again committed the crime in this case, and that the defendant's liability is not less severe in light of the circumstance and contents of the crime.
However, it is decided as per the disposition in full view of the circumstances such as the defendant's reflection and the agreed point with the victim H.