beta
(영문) 청주지방법원 2014.07.03 2014고단507

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Daejeon District Court on September 12, 2013 and completed the execution of the sentence in the Daejeon Prison on November 13, 2013.

On April 30, 2014, at around 01:00, the Defendant: (a) opened a glass door that was not corrected after the operation of the Victim D, which is located in Cheongju-si, U.S., and intruded inside, and subsequently stolen cash of KRW 30,000 on the part of the victim, which was located in the U.S., from this point to April 30, 2014; and (b) attempted to steals property or steals property by intrusion upon another’s structure at night at night, as indicated in the list of crimes in the attached Table, at night from the point of time until April 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused (attached Forms 1 and 3);

1. Each written statement of D;

1. Each photographic explanation (No. 10, 14, and 15 in the list of evidence) (Attached No. 2, 4, 5, 6, and 8 in the table of evidence);

1. Each statement prepared in F, G, H, and I (attached Table 7 No. 5);

1. Written report on damage submitted by the J;

1. Personal information reply and appraisal (No. 4 of the evidence list), the results of the appraisal of taking a blood trace of the cash safe (No. 29 of the evidence list), and the photograph description (No. 3 of the evidence list) (No. 9 of the attached list);

1. Report on damage to the K Preparation;

1. Written appraisal (No. 28 of the evidence list) and photographic explanation (No. 21 of the evidence list) taken from the heat chain of love;

1. Results of prisoner search, criminal records, and the application of the same previous records and statutes applicable to the judgment;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings) and Articles 330 (the points of larceny of night buildings) and 342 and 330 (the points of attempted larceny of night buildings);

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, there are two separate and reflects the errors in sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and the intellectual disabilities of Grade III with mental retardation disorder.