200 Highest 5790 Night Building Larceny, thief

A

The next police officer, the last commissioner, and the public trial;

November 26, 2020

A defendant shall be punished by imprisonment for six months.

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

A certificate of seizure from the accused (one verification color) shall be confiscated.

Criminal History Office

1. Night-time theft of buildings;

A. On July 8, 2020, around 02:48, the Defendant: (a) took advantage of “D’s operation of the Victim C in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City)” before the Victim C; (b) took advantage of the gaps in which the business was completed and put in a tent with a lower part of the tent installed in the external display stand in front of the Mat, thereby cutting off the victim’s market price, which is the victim’s possession, if the victim’s market price is in fact.

Accordingly, the Defendant invadedd the structure managed by the victim at night, and stolen the product.

B. At around 03:09 on July 16, 2020, the Defendant: (a) taken advantage of any crepans in which the business was closed and put in a tent with the lower part of the tent installed in the outside display stand in the front of the Maart; and (b) cut off the boxes of the victim C’s market value equivalent to KRW 16,80,00 in total; and (c) cut off the boxes of one sn beam, one sn beam, one kn beam, and one knex.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

C. On July 23, 2020, from around 03:45 to 03:55, the Defendant: (a) used a crepan in front of the instant “D,” where the business was completed, laid down, laid down a lower part of the tent installed in the outside display stand part of the said gar, and laid down the hand into a tent, and then cut off the victim’s market price, which is the victim’s property, by cutting off the fruit, and drinking water.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

D. On July 29, 2020, from around 03:18 to 03:25, the Defendant: (a) taken advantage of the gaps in which the business was completed and then laid down, laid down a lower part of the tent installed in the outside display stand part of the above Mat, thereby cutting off the victim’s market price, and cut off the fruit and drinking water.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

E. At around 03:20 on August 4, 2020, the Defendant 203:00, around 203:20, up to the “G” for the FF operation of the victim located in the Gwanak-gu, Seoul Special Metropolitan City E and the 1st floor, by taking advantage of the gaps in the external display stand in the above Mat prior to the end of the business, and putting the hand into the said garbs, and then 27,000 won of the market price of the victim’s possession was cut off.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

2. Larceny;

On July 16, 2020, the Defendant: (a) around 03:28, around the “JJ” for the operation of the victim I on the H 1st floor located in Gwanak-gu, Seoul Special Metropolitan City, by opening a freezing and door in front of the above convenience store and cutting down a ice cream in the market value, which is the victim’s possession, in front of the convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement C, F, and I;

1. Investigation report (suspects and arrest guards);

1. Seizure records;

1. An investigation report (related to the G tent site conditions);

1. Report on occurrence of a theft;

1. An investigation report (receiving an additional report on damage);

1. Investigation report (7.23. 7.23. 7.29)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 330 of the Criminal Act, Article 329 of the Criminal Act (Larceny and Imprisonment)

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime;

[Determination of Punishment] thief / 01. thief for general property (Type 4)

[Special Exemplarys] Reductions: Livelihood-based crimes.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from August to June

(b) Larceny)

[Determination of thief] 01. General thief for general property

[Special Exemplarys] Reductions: Livelihood-based crimes.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 4 months to 10 months

(c) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for between August and November (the upper limit of the first crime + the upper limit of the second crime).

3. Determination of sentence: In light of the number of crimes in this case and the number of victims’ failure to agree, the liability for the crime is not easy. However, considering the fact that the total amount of damage is not significant and that there is no possibility to regard the defendant as a living-type crime and that the defendant has the same criminal history, the sentencing criteria shall be set as ordered by taking into account all of the sentencing conditions shown in the arguments in this case, including the defendant’s age, environment, family relations, motive for the crime, means and consequence of the crime, and circumstances after the crime.

Judges Lee Sung-sung