beta
(영문) 대구지방법원 2017.06.30 2016고단6364

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

The seized evidence of subparagraphs 1 through 3 shall be returned to the victim C.

Reasons

Punishment of the crime

On October 14, 2016, from around October 14, 2016 to November 13, 2016, the Defendant worked as an employee at the E-cafeteria operated by the victim C in Busan Metropolitan City as an employee.

On November 21, 2016, the Defendant got into the above restaurant on November 21, 2016, and went into the restaurant through the main window of the entrance, opened a simple safe, and stolen the cash of 148,000 won owned by the victim in the treasury.

Accordingly, the defendant invadedd a structure managed by the damaged person at night, and stolen the property.

Summary of Evidence

1. The defendant's statement at the fifth public trial date in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the provisions of a written statement, a protocol of seizure and a list of seizure, CCTV closure and the screen and investigation report (to hear the statements of the victim on the amount of damage) or video-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act [the scope of applicable sentences in law] : (a) 4 types of imprisonment from 1 to 10 years [decision ] ; (b) 4 types of theft against general property; (c) / Where a person subject to special sentencing intrudes into a place other than indoor residential space for living, (d) / [decision on the recommended area] Special mitigation area / 4 to 1 year from 1 April 3, 2016 / [decision on the recommended area / 6 months of imprisonment with prison labor for night structure intrusion larceny at the Daegu District Court on May 3, 2016; and (d) 2 years of suspended sentence became final and conclusive on May 11, 201; (d) the Defendant was sentenced to imprisonment with prison labor on account of the fact that it was committed during the suspended period; (e) the Defendant’s age is not much stolen but more favorable to the Defendant; and (e) the Defendant’s health and other economic condition that it could not result in the Defendant’s crime.

참조조문