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Reasons
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(영문) 부산지방법원 2014.08.28 2013고단9336
야간주거침입절도등
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On January 16, 2013, the Defendant, along with C and D, stolen money and valuables worth KRW 4,941,000 in total to the victims seven times from the time until February 11, 2013, including: (a) 50,000 in cash, which had been contained therein, by opening a part of the lower part of the crepane located in the F, located in Busan, Hagu-gu, Busan, by taking advantage of the gaps in managing the victim G as his hand; and (b) attempted to steals money and valuables twice.

2. Around February 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) was jointly with H, and around February 6, 2013, K building 406, which is the victim J’s residence located in Busan Y-gu, Busan Y-gu, and the victim was removed from the toilet windows located adjacent to the entrance entrance entrance, and infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the defendant, D, or C;

1. Each police statement concerning J and L;

1. Each statement of M, N,O, and G;

1. Police seizure records;

1. Photographs (on-site, etc.);

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. of damaged articles);

1. Relevant legal principles concerning criminal facts: Night-time larceny under Articles 330 and 30 of the Criminal Act: Special larceny under Articles 331 (2) and (1) of the Criminal Act: Articles 342 and 331 (2) and (1) of the Criminal Act: Joint intrusion under Article 329 of the Criminal Act: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the defendant has no record of criminal punishment for the same crime, and considering all other circumstances, such as the background, means, methods, and degree of damage, etc. leading to the crime of this case);

1. Social service orders under the Criminal Act.

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