beta
(영문) 수원지방법원 여주지원 2014.01.27 2013고단1103

야간건조물침입절도

Text

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

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

When the Defendant was retired from office while serving as a "D" dancing sports instructor for the operation of the victim C in Yangyang-gun B, the Defendant was willing to steal money and valuables in the said office using the key of the entrance of the said office which was not returned.

1. On June 14, 2013, the Defendant came to the above office around 23:00, and opened an entrance using other keyss without the victim and intrudes into the said office, and then thefted the cash owned by the victim, which was kept in custody in the above depository, by holding 60,000 won.

2. Around 01:00 on June 26, 2013, the Defendant intruded into the above office by the same method, and subsequently stolen the cash owned by the victim, which was kept in custody in the above credit cooperative on his/her book, with KRW 1:7 million.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (a heavier penalty than the principal offender) (aggravating concurrent crimes with the punishment prescribed for larceny at night on June 26, 2013)

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., the agreement with the victim, the fact that the defendant has no particular criminal record) of the suspended sentence is 【The scope of applicable sentences】 【The scope of applicable sentences】 1 month to 15 years 【The decision of a sentence 】 In the event of intrusion upon a place other than an indoor residential space, a thief group, a theft of general property, or intrusion theft [special persons]: In the case of intrusion upon a place other than an indoor residential space, a special mitigation person who is not subject to punishment : [the scope of recommending punishment ] [the case concerning the second crime] [the decision of type] thief group, the theft of general property, and intrusion theft [a special mitigation person] : In the case of intrusion upon a place other than an indoor residential space, imprisonment with prison labor / [the scope of recommending punishment / [the scope of imprisonment with prison labor] revised from 1 to 6 months to 6 months].