beta
(영문) 부산지방법원 동부지원 2016.02.01 2015고단2227

절도등

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal history] On September 12, 2013, the Defendant was sentenced to eight months of imprisonment by night-time intrusion larceny, theft, etc. at the Busan District Court, and the execution of the sentence was terminated on January 1, 2014. On October 6, 2015, the Defendant was sentenced to imprisonment with prison labor and six months from the Busan District Court for night-time intrusion larceny, larceny, etc., and the judgment became final and conclusive on December 5, 2015.

[Criminal facts]

1. In case of intrusion into a room in the C inn, theft on August 9, 2015, the Defendant: (a) at around 06:00 on August 9, 2015, the victim E and the victim F, who were accommodated in the room, for at least 203 in Busan Shipping Daegu Da, were installed a cresh in which the victim E and the victim F, were locked, and intruded into the entrance, and (b) at least 50,000 won in cash and 100,000 won in cash within the victim E’s wall located therein;

L. A. L. theft was committed.

2. In cases where: (a) the victim I was accommodated in a room in Gel on August 9, 2015; (b) around 06:35, 2015 at around 06:30,000 won; (c) the victim I opened an unresh door and intruded into it; (d) the victim’s cash 30,000 won, one resident registration certificate; and (d) the 1st of the market price of which is 100,000 won or more of the market price of the victim’s debit card;

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and I;

1. CCTV photographs;

1. Criminal history: References to inquiries, such as criminal history, reporting on the results of confirmation of the previous conviction and previous conviction of the disposition, personal identification/ acceptance status, and application of the summary information-related statutes;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, the choice of punishment against the crime (a point of intrusion) and the choice of imprisonment, respectively;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;