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(영문) 수원지방법원 안산지원 2017.03.17 2017고단65

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

The defendant pays 200,000 won to the applicant for a theft. The defendant is entitled to pay 20,000 won.

Reasons

Punishment of the crime

1. On December 11, 2016, the Defendant committed theft with approximately KRW 200,000,000, in cash owned by the victim in the West-si, Ansan-si, by cutting off the tent of the entrance to his/her hand and intrusion upon the tent of the victim C.

2. On December 31, 2016, at around 04:25, the Defendant: (a) opened and intruded the back door knife at several times and opened a knife door; and (b) committed theft with approximately KRW 120,000 in cash owned by the victim, which is located in a simple credit cooperative.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Application of each statute on photographs;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Articles 25(1)1, 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order (a person who has filed a claim for compensation exceeding KRW 200,000,000, which is recognized by an offense, and KRW 500,000, which is recognized by an offense, is partly accepted, since the amount of theft damage caused by an offense is within the scope thereof)

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Declaration of Provisional Execution / [Scope of Recommendation] The ground for sentencing of Article 31(3) of the Act on Special Cases concerning the Larceny for General Property / [In the case of a person with a special mitigation / [4 months from April to one year] a living penalty, or intrusion upon a place other than an indoor residential space / [4 types] the defendant confessions and reflects all the crimes of this case; although the amount of damage to the crime of this case is not significant, the defendant has the record of punishment several times for the same crime; the damage from the crime of this case has not been recovered; the defendant committed a crime of several methods similar to the crime of this case over a short period; the defendant's age, health status, family relationship, circumstances leading to the crime of this case; and the circumstances after the crime.