2016 Highest 2697 Night building thief

A

Haak-ju (Court of Second Instance), Haak-Gyeongng (Court of Second Instance)

Attorney B (Korean National Assembly)

August 25, 2016

A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

At around 3:10 on June 11, 2016, the Defendant: (a) committed a theft with the cash amounting to KRW 450,000,00,000, owned by the victim in the East-gu, Gwangju-gu, by opening the entrance by inserting the string of the strings into the window of the stringter, and exposing the strings into the strings; (b) by opening the entrance by removing the locking device from the locking the strings; and (c) by exposing the cash amounting to KRW 4.5 million

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A photographic statement related to the case;

Application of Statutes

1. Article applicable to criminal facts;

Article 330 of the Criminal Act

Reasons for sentencing

【Scope of Recommendation】

thth thth thie (Influorth thie) for general property in mitigation area (from August to June).

[Special Mitigation]

Where a person intrudes into a place other than an indoor residential space (four types);

【Determination of Sentence】

On August 29, 2013, the defendant was sentenced to three years of imprisonment with prison labor for night building intrusion, larceny, etc. at the Gwangju District Court, which became final and conclusive on September 6 of the same year. On July 31, 2014, the same court sentenced two years of suspended execution to six months of imprisonment with prison labor for special larceny, which became final and conclusive on August 8 of the same year, and committed the crime of this case set forth only by imprisonment with prison labor for the second time without being aware of the fact that the judgment became final and conclusive on August 8 of the same year, so the defendant is inevitable to be sentenced to imprisonment

However, the defendant's cash that has stolen is relatively small amount of 4.5 million won, the fact that the defendant agreed with the victim, and other various sentencing conditions, including the defendant's age, character and conduct, shall be determined by getting out of the lower limit of the recommended sentencing guidelines and the same as the order.

Judges Noh Sung-sung