야간건조물침입절도등
Defendant
The punishment against A shall be eight months of imprisonment and six months of imprisonment for Defendant B.
except that this judgment.
Punishment of the crime
The Defendants have worked as an employee from the “F Game Center” operated by the victim E.
1. On October 2016, Defendant A: (a) committed a theft of the victim’s property by opening the back door of the game room using the access key that he was in possession of the “F Game site in Seo-gu G in Seo-gu, Seo-gu, Seocheon-gu, 2016, with his employees at around 02:00,000; and (b) intrusion upon the inside and thereby generating cash amounting to KRW 100,000 in the safe of the game center.
2. The Defendants conspired to steal cash from “F Game Chapter”, and confirmed that the game room was set up in around 03:20 on October 19, 2016 after the business was completed and the door was set out, and Defendant A was set up a space where Defendant A could intrude into the game room by fasting and damaging the crypt. Defendant B, via the space, allowed Defendant A to intrude into the game room, and opened the door so that Defendant A came to enter the room, and 1.4 million won in cash, which was kept in the game room.
As a result, the defendants stolen the victim's property together.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of statutes on police statements made to H to H;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Article 330 of the Criminal Act (the occupation of larceny against night buildings);
B. Defendant B: Article 331(2) and (1) of the Criminal Act
1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Defendant A
(a) Class 1 Crimes 4 (Special Sentencing) - mitigated factors: (4) in the event of intrusion into places other than indoor residential spaces; (4) in the event of intrusion into places other than indoor residential spaces; and (4) in the area of special mitigation [Determination in the recommended area] of punishment [Recommendation]