beta
(영문) 부산지방법원 2014.12.03 2014고단3540

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who worked as a company at the “Seo-gu, Busan Metropolitan City” 50-4, Busan Metropolitan City.

On March 26, 2014, at around 22:18, the victim B left the office of the above company and then used any cresh without any change, thereby opening a entrance by means of a security card and key that he was in possession and intrusion inside the office, and putting the entrance into the office and cutting off the cash of 300,000 won in the market price of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence of a theft;

1. Application of statutes on field CCTV photographs;

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Where he/she intrudes into places other than indoor residential space (type 4) in the area of special mitigation (type 4 to 1 year and 6 months) (special mitigation) of category 4 (type 4 to 4) for general property, and no penalty surcharge shall be imposed;

2. Agreement with the victim who has been sentenced to punishment, and considering that the defendant has no criminal record other than the punishment of a fine imposed for larceny in 2007;