beta
(영문) 부산지방법원 동부지원 2019.05.15 2019고단593

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

One copy of right of 10,000 won seized (No. 1), one copy of right of 1,000 won (No. 2), and one copy.

Reasons

Punishment of the crime

1. On August 12, 2018, the Defendant: around 20:40 on August 12, 2018, 2018, the Defendant: (a) invadedd the victim’s cresh in the D restaurant operated by the victim B located in the Busan Metropolitan City captain-gun; and (b) stolen the victim’s cash 50,000 won in the victim’s bank; (c) 4,10,000 won in cash; and (d) 70,000 won in cash in the victim’s bank; and (d) 990,000 won in cash.

2. At around 12:25 on September 8, 2018, the Defendant: (a) opened a H connection cruise cruise car door on a vehicle parked without the victim G’s correction from the front street located in the Busan metropolitan area E, Busan metropolitan area; and (b) stolen the vehicle with the property worth of KRW 550,000,000,000, including one half wallet in the market price of KRW 4.550,000,000 in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. G statements;

1. Records of seizure and the list of seizure;

1. A photograph of each CCTV image to be cut;

1. Application of Acts and subordinate statutes to a report on investigation (limited to the attachment of CCTV images at a place of crime);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting an offense (the point of larceny at night), the choice of punishment (the point of larceny and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The court below's reasoning for sentencing under Article 333 (1) of the Return Criminal Procedure Act has reached six times the period of criminal punishment for the same kind of crime, and there are considerable records of punishment for the same kind of crime, and there is no agreement with the victims, and there is no significant amount of each damage, and there is no significant amount of each damage in the above circumstances, such as the defendant's age, character and behavior, family environment and growth environment, the course and process leading to the crime of this case, and the method of criminal punishment.