beta
(영문) 광주지방법원 2016.04.27 2016고단630

야간건조물침입절도

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant cut off another’s property by cutting off one underground floor after cutting off the entrance door from the vehicle of the former North Korean registry office located in the 77-ro of Gwangju North Korean metropolitan city, using the Raber, a Rag, a steel monet, and a niferer, which is to be used for thefting around 21:58 through 22:48, and then cutting off the entrance door into several floors and intrusion into the entrance door, with one 20,000 won of the market price owned by the Gwangju metropolitan district court, and destroying the building at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (calculated of the market price of damaged goods);

1. Application of Acts and subordinate statutes on internal reporting (to attachCCTV images);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of recommended punishment on the sentencing guidelines: From 8 months to 1 year and 6 months (a determination of type) (a determination of the recommended area), four types of theft [a determination of the recommended area] mitigated areas (a determination of intrusion theft in places other than indoor residential spaces) of general property;

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after committing the crime, the sentence shall be determined as ordered.

An unfavorable circumstance: A normal situation in which the Defendant was not in possession of a tool for intrusion larceny (the Defendant was dead by the police): The value of damaged goods is below the value and the Defendant was not actually aware of his/her property interest (the flagrant offender was arrested without being placed in the field stairs at the scene of the crime), and there was no record of punishment within the last 20 years for the same crime (the previous conviction was sentenced to suspension of execution for special larceny in 194).