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(영문) 광주지방법원 해남지원 2018.05.17 2016고단290

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 28, 2016, around 02:00, the Defendant: (a) entered a warehouse adjacent to a “E” restaurant operated by the victim D (E) of the victim D (hereinafter “E”); (b) and (c) stolen the Defendant, with 2 C C having a total of KRW 3,000,000, at that location.

2. On April 29, 2016, the Defendant entered the same warehouse on April 29, 2016, and stolen a total of KRW 9,000,000 at the same warehouse, with a total of KRW 63,00,000 at the market price of KRW 43,00,00 at the same six concurrently.

3. On June 19, 2016, the Defendant: (a) entered the same warehouse on the same date; and (b) cut off 14 pages of a total of 2,100 won at the market price in the same warehouse.

4. On June 24, 2016, the Defendant: (a) entered the same warehouse on the same date; and (b) cut off 15 pages of a total of 2,250 won at the market price in the same warehouse.

5. On June 26, 2016, the Defendant: (a) entered the same warehouse on the same date; and (b) cut off rice of the amount equivalent to KRW 43,000 at the market price of KRW 43,00,000 at the same warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Each report on investigation;

1. A photograph of a CCTV course at the time of committing the crime;

1. Application of the Acts and subordinate statutes on CCTV video CDs;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [Scope of the recommended punishment] Special mitigation area for the larceny of general property: Where he/she commits a crime of living style of four months to one year and six months (special mitigation person], or intrudes into places other than indoor residential spaces;

2. The Defendant, who was sentenced to a sentence, stolen property by intrusioning on a structure several times.

Damage has not been recovered, and the defendant has not yet agreed with the victim.

On the other hand, however, the defendant seems to have caused the crime of seeking food in a situation where he loses his job due to health reasons.

The defendant shall be sentenced to imprisonment;