beta
(영문) 서울중앙지방법원 2019.10.01 2019고단4577

상습야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2019, at around 20:30, the Defendant: (a) placed in the F store operated by the victim E with the second floor C and D in Jung-gu Seoul, Jung-gu, Seoul, and (b) placed in a plastic bag two shape of clothes, such as primary sprinks for women, which are owned by the victim E and kept in the F store, in a plastic bag, after the victim gets into a store operated by the victim H in the second floor of the B market and went into a plastic bag by using a cresh in the absence of equipment before commencing the business; and (c) went into a plastic bag, five shape of clothing, such as 190,000 won in total at the market price of the victim H owned in the I store, and went into a plastic bag.

In addition, on January 31, 2017, from 20:20 to 20:30 on March 8, 2019, the Defendant intruded into the stores operated by the victims by the aforementioned methods as shown in the list of crimes in attached Form 20:20 to 20:30 on March 8, 2019, and carried 1,207 clothes equivalent to the total market price of 44,814,00 won as the victims owned.

Accordingly, the defendant habitually intruded the victim's property at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, E, and H;

1. Seizure records;

1. Investigation report (specific and aggregate of the amounts of damage and damage for each victim);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned number of times;

1. Articles 332 and 330 of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration that there is no criminal history, that there is an agreement to recover damage to the victims, and that there is no intrusion on the indoor residential space);