특수절도등
Defendant
All appeals by prosecutors are dismissed.
1. The court below's scope of the judgment of this court was sentenced to acquittal on July 12, 2007 of the facts charged in this case as to the destruction of the property, intrusion of the structure, theft, and imprisonment with prison labor for one year and six months, suspension of execution for two years, community service, and 200 hours. Since the defendant and the prosecutor appealed only on the remaining part except for the above acquittal, the court's judgment of this court is limited to the above guilty part among the judgment below.
2. Summary of grounds for appeal;
A. Although there was no fact that the Defendant intruded into each structure as stated in the facts constituting the crime of the lower judgment and stolen each property, the lower court recognized that the Defendant constituted the crime of intrusion into each structure and the crime of larceny.
Therefore, the court below erred by misunderstanding the facts.
B. The prosecutor (unfair sentencing)’s sentence of the lower court (one year and six months of imprisonment, two years of suspended sentence, and 200 hours of community service) is too uneased and unreasonable.
3. Determination
A. On November 15, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for an attempted special larceny at the Daegu District Court on November 15, 2012, and the said judgment became final and conclusive on June 8, 2013.
A) On April 22, 2009, the Defendant violated a structure: (a) put up a container at the construction site of the Daegu-gu Seoul Building Site; (b) put up a container with hearing tape attached to the container’s interior heat reduction box so as not to put the emergency level; and (c) opened the joint board, which was set off from April 22, 2009 to April 23, 2009 when the victim D set off, to prevent the window of the container with an irregular tool between around 06:40 and around 06:40 on April 23, 2009, and invaded the container inside the container.
B) The thief Defendant invadedd the said container at the time and place described in the foregoing paragraph (A) and carried approximately 45 million won at the market price of the said victim, which was owned by the said victim, with approximately HIV 2.5S Q Q cable 200 ta, HIV 4S Q Q cable 200 ta.
Accordingly, the defendant stolen the victim's property.