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Reasons
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(영문) 수원지방법원 여주지원 2017.02.03 2016고단1400
야간건조물침입절도
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2016, at around 20:00, the Defendant: (a) opened an office with the mind that the Defendant would steals cash against “C” offices located in Singju City B; (b) opened an office door; and intruded into the door; and (c) laid off a simple credit cooperative on the floor; and (d) removed KRW 120,000,000,000 in cash owned by the victim D.

They brought to Korea.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of damage scene;

1. Application of Acts and subordinate statutes to photograph the suspect after capturing the suspect;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders / [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment] the defendant's age, family environment, past criminal history, motive, means, result, etc. shall be considered in light of the following circumstances: (a) where the defendant intrudes into any place other than an indoor residential space (the special mitigated person] living type; (b) the defendant was punished by a fine of one million won as a result of larceny in October 2016; (c) the defendant was committed a crime; (d) the defendant was not recovered from damage; and (d) the defendant was committed at the time of his/her own crime; and (e) other favorable circumstances, such as the defendant's age, family environment, past criminal history, motive, means and result of the crime; and (e) other circumstances after the crime.

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