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Reasons
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(영문) 대전지방법원 천안지원 2017.02.07 2016고단756
야간건조물침입절도
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 20, 2016, the Defendant committed the crime at around 05:00 on April 20, 2016, with the entrance of a church that was operated by the victim D in the north-gu, Seo-gu, Seocheon-gu, Seocheon-si, and did not intrude into the defect of the church year, and stolen it, with one unit of 50,000 won at the market price kept in the head of the West-gu.

2. On April 21, 2016, around 05:40 on April 21, 2016, the Defendant: (a) intruded into the restaurant of the church through the entrance of the church run by the victim G with the second floor 201, the south-gu Seoul Metropolitan Area F commercial building underground of 201; (b) 2,000 won in cash at that church; and (c) stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of G and D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommending punishment] The reason for sentencing under Article 4 of the Act on the Larceny of General Property [the scope of punishment] [the special mitigated person] in the area of special mitigation (from April to one year and six months] [the decision of sentence] in a case where the defendant intrudes into a place other than an indoor residential space or an indoor residential space / [the decision of sentence] in a case where the defendant was sentenced to imprisonment with prison labor for two years on December 15, 2009 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chungcheongnam District Court around May 21, 2012, the defendant was sentenced to a summary order of KRW 3 million as a fine for larceny from the Daejeon District Court Branch Branch on May 21, 2012.

Nevertheless, it is disadvantageous to the fact that the crime was committed again, and the damage was not repaid.

The degree of damage is minor and reflective.

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