beta
(영문) 부산지방법원 서부지원 2019.06.04 2018고단2840

야간건조물침입절도등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[2018 Highest 2840] On October 5, 2018, the Defendant: (a) opened and intruded a door at the entrance of the second floor of the commercial building located in the Busan Young-gu, Busan, at around 02:30 on October 5, 2018, which was not corrected; (b) caused a theft of KRW 300,000 in cash from that door.

[2019 Highest 203] On November 12, 2018, the Defendant, using the outside stairs of the building of the child care center operated by the victim F, Busan Highest Y, opened a window where the third floor was not corrected, and attempted to steals the above child care center by intrusion upon the victim, the Defendant discontinued the crime at the wind with the emergency bell of the security equipment installed there, and attempted to flee.

[2019 Highest 792] On October 17, 2019, at around 01:40 on the part of the Defendant, the Defendant: (a) intruded into the “I” restaurant for the operation of the Victim H located in Busan Y; (b) thereby, the Defendant stolen KRW 340,000,000 in cash owned by the victim from a kimchi farm located on the main line, where the gas pipeline was not fasted.

Summary of Evidence

[2018 Highest 2840]

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (a photograph attached to a suspect taken in CCTV at a damaged place) and a photograph of the CCTV closure attached thereto (2019, group 203);

1. Defendant's legal statement;

1. The police statement concerning F;

1. On-site photographs;

1. Investigation report (at the time of entrance at the site), etc. (at the time of entrance);

1. Defendant's legal statement;

1. A H statement;

1. On-site photographs and reports on the results of field identification;

1. Application of Acts and subordinate statutes to each investigation report (including attachment of theCCTV screen, etc., on-site photographs, and images related to the crime scene);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) paragraphs 1 and 1.