beta
(영문) 대구지방법원 서부지원 2017.01.13 2016고단1337

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2016, the Defendant invadedd the victim C’s management in Daegu-gu, Daegu-gu, by the entrance that was not corrected in the “D (Epiced)” of the “D (Epiced) Party B” of the Act, and then inflicted a theft of KRW 50,000 in cash in the process of leaving the place, as well as by intrusion into the temple and church, etc. five times in total, including the following five times from April 20 to May 12, 2016: < Amended by Presidential Decree No. 28357, Apr. 20, 2016; Presidential Decree No. 27068, May 12, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of the respective laws and regulations of C and I

1. Article 330 of the Criminal Act (the point of larceny at night), Articles 342 and 330 of the Criminal Act (the point of attempted larceny by intrusion upon residence at night), Article 329 of the Criminal Act (the point of intention, the choice of imprisonment), and Article 319 (1) of the Criminal Act (the point of intrusion upon building and the choice of imprisonment) 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. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., the first offender, the amount of damage, etc.);

1. Article 62-2 of the Criminal Act on the observation of protection;