beta
(영문) 서울동부지방법원 2017.05.26 2016고단4273

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 2016, the Defendant: (a) left the place of “C” in Seoul Special Metropolitan Gwangjin-gu, Seoul Special Metropolitan City, where the Defendant had been employed as his past employee; (b) left the place of “C” in the first floor; and (c) opened a door by force; and (d) laid down the door into the first floor underground through stairs; and (c) laid down the door in the middle of the door; and (d) taken up two million won in cash, where the Defendant was on the back of the door, in which he had been employed as his past employee.

They go back.

Accordingly, the defendant abused another person's structure at night and stolen the victim's property.

2. On September 2, 2016, the Defendant intruded into “C” above the new wall by the same method as that described in paragraph 1, and turned down into the first floor above the upper floor, but did not discover any property to be stolen.

At night, the defendant tried to steal the victim's property from a structure at night.

3. On September 8, 2016, around 02:35, the Defendant intruded into the above “C” in the same manner as the entries in paragraph 1, and entered into the first floor store, and was in the cash receiver ( safe).

A sum of KRW 3,00 and KRW 400,000,000,00 in cash on a sales document file, which is placed above the sales document file.

They go back.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

Ultimately, the Defendant infringed on a structure three times, thereby having attempted to steals or steal the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on results of field identification;

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. In light of the former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the sentence shall be sentenced in consideration of the fact that there is no particular reflectivity, and no effort is made