야간건조물침입절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000,000.
The above fine shall be imposed on the defendant.
1. The Defendant, at around 01:50 on August 25, 2019, committed a theft of the instant charges by using a white case, the victim-owned market, the sum of the market value of which is 35,000 won displayed therein, which was 35,00 won for the victim-owned land, when intrusioning on the building C of the said market, and then falling under “E” operated by the victim D, at around 01:50 on August 25, 2019. Accordingly, the Defendant stolen the victim’s property by destroying the structure at night.
2. The judgment of the court below: by applying Article 330 of the Criminal Act to the above facts charged, the court below recognized the crime of intrusion theft against structures at night.
3. Summary of the Reasons for Appeal: misunderstanding of facts and misunderstanding of legal principles (i) The B wholesale market in which the Defendant entered at the time of the instant case is not open to the general public for 24 hours, and is open to the general public for 24 hours, and the Defendant does not have taken possession of goods from the beginning. Thus, it does not constitute the intrusion of structures at night.
(2) The defendant has been abandoned with a dead growth line and did not have any intention to steals.
The birth vessel brought by the defendant is about 3 mast and the city is about 1,000 won per 1 math);
Sentencing Sentencing
4. Determination on whether a deliberation was made
A. (1) In a case where a person’s residence was invaded at night for the purpose of theft of another’s property at night, the crime of intrusion into a structure is already commenced at night as prescribed in Article 330 of the Criminal Act at the stage of intrusion into the residence. Even if a structure permitted by ordinary people’s entry is a structure, if it enters the same place against the explicit or presumed intent of the manager, the crime of intrusion into a structure is established (see Supreme Court Decisions 95Do2674, Mar. 28, 1997; 2006Do7079, Mar. 15, 2007). In a case where a structure permitted by ordinary people enters a structure for the purpose of larceny, etc., the crime of intrusion into a structure is established (see Supreme Court Decision 2011Do2050, Apr. 14, 2011).