beta
(영문) 서울남부지방법원 2017.07.14 2017고단750

야간건조물침입절도

Text

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

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

Reasons

Punishment of the crime

1. From 02:00 on January 14, 2017 to 03:00 on the same day, the Defendant: (a) went into China restaurant “D of the victim C operation of Gangseo-gu Seoul Metropolitan Government 1st floor; (b) was cut into a tent connected to a tent installed in the food storage at that place; and (c) went into the said warehouse, and then cut into the said warehouse, the Defendant carried out a string with a string of 165,00 won in total, the market price of the victim’s possession, which was in custody in the said warehouse, was the sum of KRW 15,000,000 in total, KRW 25,000 in total, and KRW 50,000 in the market price.

2. The Defendant discovered the “F” door door of the victim E’s operation at the same time and time as in the preceding paragraph, and found that the entrance was not corrected, and intruded into the said entrance and the air conditioning room, and then stolen the Defendant’s cash worth KRW 100,000 in total amounting to KRW 18,000 in the market price owned by the victim and KRW 50,000 in the market price of the victim’s possession in the air conditioning room at the same place as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim of C and E;

1. Application of Acts and subordinate statutes to each protocol of seizure (voluntary submission), each list of seizure, and photographs of seized articles;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes No. 1 in the sentencing guidelines [the scope of the recommended punishment] 4 types of offenses (the scope of the punishment) (the 4th month to one year) on general property and the mitigated area (the 4th month to one year) / [the scope of the recommended punishment] 2 in the mitigated area (the scope of the punishment] 4 types of offenses (the 4th month to one year) on general property in the mitigated area (the 4th month) (the 4th month to six months) on general property in any place other than indoor residential space; the final sentencing scope based on the aggravated multiple offenses: August to February 2;

2. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;