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(영문) 수원지방법원 안양지원 2017.09.15 2017고단1106

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is an employee of “C” operated by the victim B.

1. On June 17, 2017, the Defendant: (a) committed theft of a structure at night; (b) committed theft to the C office operated by the injured party D while Ansan-si; (c) by means of the key of the office, the Defendant used the key of the office, which he had been in peace, and opened the entrance door using the key of the office, and intrudes into the office; and (d) committed theft with the cash of KRW 170,000, which was owned by the injured party after having his imprisonment without prison labor inside the office.

2. On June 17, 2017, the Defendant was suffering from office walls at around 21:00, at the same place as paragraph (1), and the Defendant was suffering from office walls.

E. On June 21, 2017, the passenger car, who was parked in the nearby parking lot, was driving the above passenger car, which was the victim. On June 21, 2017, the passenger car was returned to the victim by means of parking the above passenger car at around 06:00.

Accordingly, the defendant was temporarily used the victim's van without the consent of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes governing crime scene photographs;

1. Relevant Article 330 of the Criminal Act and Article 331-2 of the Criminal Act (the occupation of larceny against any structure at night) concerning criminal facts and the selection of punishment (the illegal use of any motor vehicle, etc., and the choice of imprisonment with prison labor);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act - Unfavorable circumstances: Intrusion upon the office of the workplace in which he/she works at night, and theft of goods and was suffering from the office;

Freeboardboards of the knife

It is not good that the crime is committed by temporarily using a motor vehicle owned by the owner of the business. - The favorable circumstances: the defendant shows the appearance that the defendant recognizes all the crimes, the victim does not want to be punished, and there is no history of criminal punishment for the last ten years.