beta
(영문) 수원지방법원 2013.07.03 2013고단2630

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2013, the Defendant: (a) opened a main window at the “E” restaurant operated by the victim D in Suwon-si, Suwon-si, Suwon-si; and (b) stolen cash amounting to KRW 380,00 from a credit cooperative located on the said restaurant; and (c) attempted to steals cash amounting to KRW 2,954,00 by the same method over 18 times in total from around that time to May 15, 2013, as indicated in the attached list of crimes, during the period from around 200 to May 15, 2013.

2. Around 07:40 on April 30, 2013, the Defendant: (a) opened and intruded with the entrance door at the “H” restaurant located in the sphere of the management of the victim G located in Suwon-si, Suwon-si; and (b) attempted to commit an attempted wind by the victim, which was opened by a credit cooperative located in the host.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (No. 44 No. 5 of the evidence list);

1. Each statement (Evidence Nos. 16, 20, 21, 23, 26, 29, 31, 34, 36, 38, 40, 45, 46, 48, 50, 52, 53, and 58);

1. Application of Acts and subordinate statutes to each photograph (No. 7, 9, 11, 13, 15, 17, 19, 22, 24, 27, 30, 32, 35, 37, 39, 41, 42, 47, 49, 51, 54, 55, 57)

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act, Article 342 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act); however, considering that the Defendant committed each of the crimes in this case in a living

1. Probation;