beta
(영문) 창원지방법원 마산지원 2014.09.16 2014고단710

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On July 23, 2014, the Defendant: (a) around 03:23, around 203:23, at the “E” restaurant for the victim D’s operation on the second floor of the Masan-si, Masan-si, Changwon-si; (b) intruded the victim’s structure through the window with a gas pipeline installed, and infringed on the victim’s structure; (c) one iron safe (product name POSNK) containing KRW 300,000 in cash owned by the victim located in the Kapa-si; and (d) stolen it.

2. On July 25, 2014, around 01:55, the Defendant attempted to larceny at night buildings: (a) was at a cafeteria of “H’s operation of the Victim G G in the Masan-gu, Masan-si, Masan-si, Masan-si; (b) opened the main window, opened the house for the purpose of theft of the victim’s property, and intrudes the victim’s property into the restaurant; (c) opened the house for the purpose of stealing the victim’s property; and (d) obstructed the victim’s property into the restaurant; and (d) did not commit an attempted crime without having the victim’s wind known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a point of larceny of a structure at night), Articles 330 (a point of larceny of a structure at night), 342, and 330 (a point of attempted larceny of a structure at night);

1. Among concurrent offenders, the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are divided, and the extent of damage is not significant. However, it is a crime during the period of suspension of the execution of the same kind of crime, the victims' failure to get used, the defendant's age, character and conduct, intelligence and environment, the background leading to the instant crime, the means and method of the instant crime, and the circumstances after the commission of the crime, etc. shall be determined as ordered by taking into account all the circumstances that are the conditions for the sentencing.