야간건조물침입절도등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
1. Night-time theft of buildings;
A. At around 0:40 on April 15, 2015, the Defendant: (a) invaded into a kindergarten through the second floor window located in Seojin-gu Seoul Special Metropolitan City through which the location was not corrected; and (b) stolen the Plaintiff’s total amount of KRW 1,830,000,000, the market price of the victim E, owned by the victim E in the class of the second floor; and (c) one nitro X-80,000, the market price of the victim owned by the victim on the books of the first floor office, which was below the 80,000,000, total amount of KRW 1,830,000.
B. At around 1:00 on May 4, 2015, the Defendant: (a) opened a door at G Child Care Center F located in Seojin-gu, Seojin-gu, Seoul; and (b) intruded into the child care center, and stolen the victim H’s market value on the books of the first floor, which was on the victim H owned by the victim, with one gallon-gallon equivalent to KRW 350,000,000.
2. At around 1:00 on May 2, 2015, the Defendant: (a) opened a driver’s seat door, which was parked in the frontway of Seojin-gu Seoul Special Metropolitan City, the victim J, and was in the custody of the driver’s seat, and cut off with one digital camera equivalent to KRW 100,000,000, at the victim’s market value.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Each written statement of E and J;
1. Application of Acts and subordinate statutes to occasional reports (related to photographing damaged articles returned to a victim);
1. Relevant Articles 330 and 329 of the Criminal Act concerning facts constituting an offense (the point of larceny at each night), Article 330 (the point of larceny and Selection of Imprisonment);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant is highly likely to be subject to criticism in that he/she did not know about the fact that he/she had been subject to the same kind of crime over several times in the past.
However, the defendant depths his mistake.