beta
(영문) 광주지방법원 2018.02.06 2017고단5140

야간건조물침입절도

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 10, 2017, the Defendant: (a) around 04:00, the victim D in Gwangju Southern-gu, Gwangju-gu, opened an open door and entered a wedding distribution; (b) intruded into the E church where the victim D was a wooder; and (c) took 20,000 won in cash, which was owned by the victim, who was dedicated to the said place.

2. On August 13, 2017, the Defendant: (a) around 05:00, the victim D in Gwangju Southern-gu, Gwangju-gu, opened an open door and entered a tugboat distribution; (b) intruded into the E church in which the victim D was a wooder; and (c) took a 5,000 won in cash, which was owned by the victim, who was dedicated to the said place.

3. On September 9, 2017, around 23:26, the Defendant: (a) opened a window at the place in Gwangju Nam-gu, Gwangju-gu, where the victim D was a woodhouse; (b) entered the place as a wedding; (c) intruded into the place as a wedding; and (d) destroyed the unconstitutionality of the said place; and (d) stolen the said place with 30,000 won in cash, which is owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on the observation of protection;