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Reasons
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(영문) 수원지방법원 2017.07.21 2017고단3197
야간건조물침입절도등
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A defendant shall be punished by imprisonment for a period of two months.

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

Reasons

Punishment of the crime

The defendant has weak mental and physical disorder.

1. On April 13, 2017, the Defendant: (a) ends the restaurant business in front of the “E” restaurant operated by the victim D in the sphere of Suwon-si, Suwon-si, Suwon-si; (b) 00:35 on April 13, 2017

Any cresh without any cresh was opened in front of another restaurant, and the victim's market price in the cresh was stolen with 25,000 won and 1 math of the market price owned by the victim.

2. Larceny of intrusion on night buildings;

A. On April 13, 2017, the Defendant committed a crime: (a) around April 13, 2017, at around 00:52, the Defendant opened a cafeteria and intruded into the cafeteria, which was operated by the victim G in Suwon-si F; and (b) took a knife and stolen the knife of the market value of the victim’s possession in the cafeteria, with one knife of the frequency equivalent to KRW 200,000.

B. On April 14, 2017, the Defendant: (a) around 00:05, on April 14, 2017, at around 00:05, the Defendant: (b) opened a restaurant by shaking the main door of the restaurant; (c) intruded into the restaurant into the restaurant; and (d) took a safe with approximately 20,000 won of cash owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement G and D;

1. On-site photographs;

1. Police seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 330 (Infence of Buildings at Night) and Article 329 (Infence of the intention of Section and Selection of Imprisonment) of the Criminal Act concerning the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that it is difficult to distinguish between the accused and the victim of larceny is not wanting to punish the accused.

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