(영문) 부산지방법원 2019.11.6.선고 2019고단1927 판결

A person shall be punished by imprisonment with labor for one year and six months, and one year, respectively: Provided, That with respect to the defendant, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

The evidence No. 4 through 6, 11, 13 through 17, the evidence No. 246 of the Busan District Prosecutors' Office' Office' 2019, and the evidence No. 2446 of the Busan District Prosecutors' Office' 2019 shall be confiscated.

Reasons

Criminal History Office

The Chinese nationals who entered the Republic of Korea on March 14, 2019, Defendant 2019, Defendant 2019, Defendant 14, and September 19, 2018.

1. On April 11, 2019, around 15:00, the Defendant invadedd the structure managed by the victim, using the entrance, which was not set up between the visitors to view the network outside of the Defendant’s party, in order to steal cash located in the Busan City Party.

The defendants jointly intruded on a structure.

2. Special larceny;

(a) Crimes on April 12, 2019;

On April 12, 2019, at around 17:35, the Defendant came to the victim's law as stated in paragraph (1) of this Article, and entered as a legal party a string to see the network in the surrounding area of the legal party, and carried cash into the string box, thereby leaving the cash amounting to KRW 114,00 in total by inserting it to the tape.

(b) A crime on May 3, 2019;

At around 10:30 on May 3, 2019, the Defendant had a total amount of KRW 1,075,000, which was in the front of the law party, and had been in the same manner as the above paragraph (a).

As a result, the defendants jointly stolen the victim's property.

【2019 Highest 2631, - Defendants

Defendant 1 is a Chinese national who entered the Republic of Korea on March 14, 2019 and September 19, 2018. Defendant 1 is a Chinese national who entered the Republic of Korea on April 7, 2019, and around 17:45, 2019, and Defendant 1 came to be a party to the law of damage that occurred in Yangsan-do, Yangyang-si, the surrounding area of the Defendant’s law, and came to be into the party to the law of the law, and collected cash by entering the iron plates with tapes attached thereto into the party to the law, and inserting cash into the 80,000 won in a way of withdrawing them into the tape, from that time to May 3, 2019.

In a total of four times, the victim has been in cash equivalent to 200,000 won owned by him/her over four times.

As a result, the Defendant committed the theft of the victims’ material. Defendant 12019 Go-man 33551 was a Chinese national who entered the Republic of Korea on July 24, 2018. Defendant 1 was a Chinese national who entered the Republic of Korea on August 6, 2018. Defendant 2, through an entrance that was not set up in order to steal cash located within the imprisoned, and came to fall under the party under the control of around 15:35 on August 6, 2018, and tried to take a theft by putting cash into the door of the metal board with tapes attached, and putting it into the tape up on the tape. However, Defendant 2 was aware of the persons related to the inspection, and escaped.

As a result, Defendant attempted to steal the victim's property by intrusion on the structure managed by the victim, but did not bring about such intent, but did not commit an attempted crime.

On June 9, 2018, Defendant 44704, who entered the Republic of Korea, is a Chinese national who entered the Republic of Korea on June 9, 2018. Defendant 1 expressed around 6,15:00, 2018. The Defendant 2: (a) taken a look at, and intruded on, the cash stored in the box in which the damage management was carried; (b) took a look at as if he was fluored in the cluor of the law in the place of the box; and (c) took a fluor of the hole on the floor of the prepared “brupted”, she puts his hand on the fluor of the tape; and (d) took a fluor of KRW 70,000 cash stored in the fluor of the boxed boxed by fluoring the tape in a fluoring manner.

As a result, Defendant intruded on the building managed by the victim, and stolen approximately KRW 1 million of cash owned by the victim.

Summary of Evidence

[2019 Highest 1927]

1. The defendant's legal statement

1. The police statement;

Written Statements

1. Police seizure records and seizure list;

1. A criminal investigation report (nameless CCTV-cap photographs and CDs attached to a suspect committing a crime);

[2019 Highest 2631]

1. The defendant's legal statement and the part of the defendant's legal statement; 1. The prosecutor's statement at the police station (limited to the defendant)

1. and the confirmation of additional crimes [In light of the credibility of witness testimony, the same method of the defendant's participation in the case in 2019 Highest 1927 and the same method of the participation in this case, and the fact that if the defendant was not the purpose of the crime, it appears that the defendant did not return to the inspection of the temple, it is recognized that the facts of the crime in the judgment are

[2019 Highest 3355]

1. The legal statement of the defendant

1. A written statement;

1. Confirmation of the CCTV images;

[2019 Highest 4470]

1. A legal statement of the defendant;

1. Application of Acts and subordinate statutes to internal investigation reports (on-site andCCTV verification);

1. Relevant provisions concerning criminal facts;

(a) Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 319(1) and 30 (the point of entering a common structure) of the Criminal Act, Article 319(1) of the Criminal Act (the point of entering a private structure);

Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and Article 329 of the Criminal Act (the point of larceny)

B. Article 331(2) and (1) of the Criminal Act of the Defendant (a special larceny) and Articles 319(1) and 30 of the Criminal Act (a point of entering a building)

1. Selection of a punishment;

Selection of imprisonment for the remaining crimes except for special larceny

1. Aggravation of concurrent crimes (the Defendants)

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

Article 62(1) of the Criminal Act

1. The defendant;

Article 48(1)1 of the Criminal Act

The reason for sentencing was repeated whenever Defendant 3 enters the Republic of Korea. Along with the foregoing circumstances, an agent necessary for committing a crime was produced in China and entered China, and prepared for committing a crime by creating tools necessary for committing a crime immediately after entry. In addition, search by Defendant’s inspection across the country and searched the object of the crime, and participated in the Defendant’s crime. As a planned and repeated crime, there is a need for punishment corresponding thereto. As a planned and repeated crime, partial damages of the Defendant were compensated for, and some victims did not want to be punished. However, considering the above circumstances, whether an agreement is reached is not considered.

In the case of the defendant, there is a circumstance to partially deny the crime, but considering the degree of participation and the fact that the defendant was detained for a long time.

In addition, the defendant's age, character and conduct, the environment, the motive and background of the crime, and the circumstances after the crime are considered in consideration of all the circumstances that are the conditions of sentencing.