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Reasons
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(영문) 수원지방법원 여주지원 2015.06.08 2015고단292
야간건조물침입절도
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The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Seogsan Branch of the Daejeon District Court on February 13, 2014. On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion upon structure, larceny, etc., in the same court on November 20, 2014, and on November 28, 2014, the said suspended sentence becomes void due to the said judgment finalized on November

Criminal facts

1. At around 02:00 on August 2014, the Defendant: (a) opened and intruded the front window behind the kitchen operated by the victim D, which was not corrected at the E restaurant operated by the victim D in the Si of Siljin-si; and (b) cut off cash of KRW 100,000,000, which is the victim’s possession, within the cash terminal located in the restaurant.

2. On September 201, 2014, the Defendant: (a) opened and intruded a main window behind the G cafeteria operated by the Victim F, the victim F, in Jinjin-si, in order to take off KRW 150,000,000 in cash, which is the victim’s possession, within the cash terminal located in the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Investigation report (field search and investigation);

1. Photographs of the damaged field;

1. Before ruling: A defendant's written inquiry, such as his/her legal statement and criminal history records, investigation reports (Attachment to the same type of judgment), and application of statutes on judgment;

1. Relevant Article 330 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 52 of the Exemption of Punishment Act, Article 39(1) of the Criminal Act (Article 52 of the Exemption of Punishment Act, Article 39(1) of the Criminal Act (Article 39(1) of the same Act (Article 52 of the Criminal Act provides that the amount of damage to each of the crimes of this case was relatively small, but the defendant does not commit a second offense; the defendant voluntarily surrenders himself to each

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