beta
(영문) 서울중앙지방법원 2020.05.27 2020고단2196

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On March 26, 2020, the defendant, who is a foreigner of Chinese nationality, was sentenced to three years of imprisonment with prison labor for special robbery, etc. at the Seoul Central District Court, and is still pending in the appellate trial.

On January 3, 2020, at around 22:45, the Defendant abused the victim’s second floor of the building in Gangnam-gu Seoul, with property equivalent to KRW 10 million in total, including one 1,00,000,000, in the market price of KRW 3950,000,000 owned by the victim, which was located in the second floor of the building.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of damaged photographs, etc.), case outlines, drawings, photographs, camera photographs, and item specifications;

1. The reason for sentencing under Article 330 of the Criminal Code of the relevant criminal facts reveals that the defendant recognized the crime of this case and commits the crime of this case. However, the crime of this case is not likely to have committed a theft of the property owned by the victim because it intrudes on the building through the window opened at night while the defendant was going against the surrounding the place of the crime of this case, and the crime of this case was committed in bad condition, and there was no effort to recover damage to the victim. The defendant did not agree with the victim. The defendant's age, character, character, environment, health conditions, the circumstances leading to the crime, means and result, etc. are determined as ordered by the order, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Code, such as the