beta
(영문) 창원지방법원 2017.05.25 2017고단1373

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court for larceny, and completed the execution of the sentence on July 17, 2015, and on January 15, 2016, the Defendant was sentenced to a suspended sentence of three years and six months for special robbery in the same court on January 15, 2016.

2. It is a period of suspension of execution fixed and conclusive.

From July 2016 to March 4, 2017, the Defendant was absent from work as employee from the “E” operated by the victim D, who was in Seongbuk-gu, Seongbuk-gu, Sungwon-si, and was absent from work without return. The victim always kept cash of 100,000 won within the payment period, and stored the entrance emergency keys of the said restaurant in cash at all times within the commercial building security guards of the commercial building. The Defendant got into the door door of the said restaurant using an emergency key and stolen cash to appropriate it for his/her own cost of living.

Accordingly, around 13:57 on March 8, 2017, the Defendant arbitrarily stated the “3/8 EF G” in the security room of the above restaurant, and opened and intruded the entrance of the above restaurant by opening the cafeteria at the gate of the key to be kept by the security guards without his name, and caused the theft of eight copies of KRW 0,000,000 in the inside of the cafeteria.

Summary of Evidence

Application of Acts and subordinate statutes to the investigation report of the defendant's written statement D in the court (written judgment of repeated crime, etc.)

1. Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (a point of view) of the relevant Act;

2. Selection of penalty penalty:

3. Article 35 of the Criminal Act for aggravated repeated crimes;

4. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes.

1. Special mitigation area for the theft of general property, the scope of the punishment of which is recommended according to the sentencing criteria: 4 months to 1 year and June: Where a person is subject to the special mitigation area for the theft of general property: Where he/she intrudes into a place, other than a living-type crime or indoor residential space, and where he/she is subject to the special aggravation of the punishment of which is not subject to the aggravation of specific crimes: 2.