beta
(영문) 수원지방법원 안산지원 2018.04.11 2018고단292

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

1. On November 2017, the Defendant: (a) used a certificate of access possessed by Da, a company located in Ansan-si, a member of Ansan-si, Seoul-si, Seoul-si, to open the above company entrance; and (b) to intrude into the escape room of the third floor male, and (c) to collect 30,000 won in cash, owned by the victim E, from the escape machine of the victim E, who was suffering from his/her clothes.

In addition, from around that time to December 26, 2017, property equivalent to 479,000 won was stolen over a total of 10 times, such as the list in the attached crime list, from around that time.

2. Intrusion on a structure, theft;

A. On November 1, 2017, the Defendant intrudes into the same place as at the end of 14:00 by the same method as at the end of 14:00, and takes 30,000 won in cash, which is owned by the victim, from the victim F, in the slicker of the victim F.

(A) A theft was committed;

(b) Intrusion between the beginning of December 2017 to the beginning of 13:00 and 15:00, in the same manner as paragraph (1), and take 80,000 won in cash owned by the victim G in the said place;

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, E, I, J, K, L, M, N, F,O, G, and P;

1. Application of the details of entry into and departure from a factory A;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), and Article 319 (1) of the Criminal Act (a stief by intrusion upon a structure and choice of imprisonment) concerning criminal facts;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 of the same Act does not apply to the cases where a defendant, who has the same record as several times, repeatedly commits larceny; however, the liability for the crime of larceny is not minor, such as the fact that all of the crimes are led to confession and reflect, the amount of damage is not significant,

1. Protective observation and community service order under Article 62-2 of the Criminal Act;