beta
(영문) 창원지방법원 2016.08.10 2016고단1219

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny and a fine of 300,000 won at the Changwon District Court on December 11, 2015, and completed the execution of the sentence at the port prison on December 11, 2015.

The defendant of "2016 Highest 1219", knowing that people living in rural villages have opened a house without locking entrances, etc. when leaving the house at a low time, he/she was able to steal money and valuables by impairing other people's residence by using it.

On January 4, 2016, the Defendant stolen the amount equivalent to KRW 300,000,000 from the victim E room located in Kimhae-si, Kimhae-si, which was invaded by the entrance without locking, and was under custody.

In addition, from around that time to May 2, 2016, the Defendant intruded into the residence by the same method 27 times in total, as shown in the annexed Table of Crimes between Kimhae-si and around that time and around May 2, 2016, and stolen or attempted property worth KRW 2,377,050 in total, or failed to achieve that purpose.

around 14:50 on March 30, 2016, the Defendant used the victim’s telephone at the home of the victim H located in Kimhae-si, Kimhae-si with the consent of the victim, and used the victim’s telephone at the victim’s home, and used the victim’s phone, and subsequently stolen the wall, 9.50,000 won, which is the cash owned by the victim, by following the head of the safe bank, between the victim and the roadside.

Summary of Evidence

1. Previous convictions: Inquiry about criminal history, copy of written judgment, investigation report (related to attachment of data as a result of the search of prisoners), and results of the search of prisoners “2016 order 1219 order;

1. Statement by the defendant in court;

1. A written statement of victims entered in the list of crimes in the attached Form;

1. Protocol of seizure of the police: "2016 Highest 1791";

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Articles 319(1), 329 (Influence of Residence), 342, 329 (Influence of Do), and 329 (Influence of thief) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor for each of the aforementioned Articles;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.