beta
(영문) 수원지방법원 안양지원 2015.05.15 2014고단1961

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

However, 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

1. On July 7, 2013, around 01:10 on July 7, 2013, the Defendant invadedd the victim C at night with the back door in which the victim C was managed by the Manan-gu Manan-gu Manan-gu Manan-gu Manan-si.

At this point, the defendant colored the inside and stolen cosmetic 2,00, 35,000, 35,000, 4,000, 148,000 won in total, and 148,00 won in cosmetic 2,00,000 managed by the victim at the cosmetic display stand.

As such, the Defendant invaded upon a structure at night and stolen another’s property.

2. 재물손괴 피고인은 같은 날 03:20경 안양시 만안구 안양동 88-1 안양지구대 앞길에서, 위 사건으로 현행범 체포되어 안양만안경찰서로 인계된다고 하자 홧김에 그곳에 주차되어 있던 피해자 E이 운행하는 F 스파크 승용차의 트렁크 왼쪽 부분을 발로 1회 걷어차 움푹 파이게 하여 판금 도장비로 20만 원 상당이 들도록 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Statement of maintenance;

1. Application of each statute on photographs;

1. Relevant Article 330 of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act is not good enough to be a crime as night structure theft for the reason of sentencing, and the fact that the defendant is subject to juvenile protection disposition several times is disadvantageous to the defendant.

On the other hand, it is a case of intrusion into a place other than a residential space, and the defendant is under the influence of alcohol.