beta
(영문) 서울서부지방법원 2018.02.21 2017고단3946

야간건조물침입절도등

Text

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

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 August 8, 2017, the Defendant: (a) observed the second floor corridor of the building in Mapo-gu Seoul, Seoul, to use a toilet by visiting the Kabook; (b) opened a view that the victims came to know of the passwords by using the passwords of the “C” office entrance on the second floor of the building; and (c) opened a view that the victims came to know of the passwords; and (d) intruded the victims into the inside during the late night hours during which they left.

1. From September 25, 2017 to October 5, 2017, the Defendant: (a) opened and intruded the entrance in front of the above office by using a password; and (b) opened cash of KRW 155,000 in the victim DNA, which was kept in the front of the said office; and (c) opened cash of KRW 110,00 in the victim E-owned wall; and (d) committed theft with money and valuables worth KRW 1,503,000 in total four times from August 25, 2017 to October 5, 2017, as indicated in the list of crimes in the separate sheet.

2. On October 28, 2017, the Defendant attempted to larceny a structure at night (i.e., theft) and intruded with the same place as paragraph (1) at around 23:00, and in the same manner as paragraph (1) at around 1, but did not discover any money or other valuables, thereby making the Defendant attempted to steals.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement of D and E;

1. A report on the results of field photographs and field identification;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation);

1. Relevant Article 330 of the Criminal Act (a thief in case of intrusion on a structure at night) and Article 342 of the same Act concerning facts constituting an offense (a thief in case of intrusion on a structure at night);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area (from August to January 6) of the mitigated area (the mitigated area) (the person who has been specially mitigated) is not subject to punishment (the decision of sentencing).