beta
(영문) 수원지방법원 안양지원 2016.07.05 2016고단637

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2015, at around 01:40, the Defendant: (a) opened and intruded into the office by the “E” office managed by the victim D of the victim D in Ansan-si, the Defendant: (b) opened and intruded into the office by hand, and (c) maintained a simple safe of KRW 2.5 million in cash, with corporate cards and seals attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and statement protocol with regard to D (second time);

1. Application of Acts and subordinate statutes concerning the report of investigation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the sentencing guidelines] - The thief for general property (the fourth-type (in August to June) mitigation area (the fourth-class) - Where a person subject to special mitigation intrudes into a place other than an indoor residential space (the fourth-class decision): - The fact that the defendant recognized his/her mistake and reflects his/her unfavorable circumstances: The defendant did not agree with the victim; the defendant embezzled approximately KRW 15 million of alcoholic beverage proceeds at the time of his/her work as an employee, and thereby commits the crime of this case against the victim, despite having been punished for a fine for occupational embezzlement in 2014.