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(영문) 부산지방법원 2017.12.21 2017고단4677
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2017, at around 02:30 on July 31, 2017, the Defendant entered the 'D' operated by the victim C in Busan Dong-gu, Busan, and stolen the goods and intruded into the boiler room through the boiler room, which was not corrected, and carried out KRW 80,000,000,000 in cash, which was owned by the victim during the payment period.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C;

1. On-site identification reports, the transmission of DNA identification information data search results, and the application of statutes to inquire about convict DNA personal information;

1. Relevant Article 330 of the Criminal Act concerning a crime (a thief in case of intrusion on a structure at night);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendations] The theft of general property / [the scope of punishment ] the special mitigation area (4 months to 1 year and 6 months) / the special mitigation area (the special mitigation person] / (4 type) where the person intrudes into any place other than indoor residential space (the decision of sentence / the defendant is sentenced], and the defendant is sentenced to criminal punishment for the same kind of offense.

The contents and methods of the instant crime are also poor.

However, the defendant reflects the crime, and the injured person does not want the punishment by paying the injured person's damage.

It seems that contingent crimes have been caused.

The punishment as ordered shall be determined in consideration of all such circumstances, the age, character and conduct, environment, etc. of the defendant and the conditions of sentencing as shown in the trial process.

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