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(영문) 제주지방법원 2013.05.02 2013고단383
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On August 17, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at Jeju District Court on July 11, 2012, and completed the execution of the sentence in Jeju Prison.

[203] On December 24, 2012, the Defendant: (a) around 02:00, at the “E” restaurant for the victim’s D operation in Jeju-si; (b) obtained a theft of KRW 500,00 in cash owned by the victim, who entered the said restaurant through the window located behind the said restaurant by taking advantage of the gaps in which surveillance in the surrounding area was neglected; and (c) obtained a theft of KRW 50,00 in cash owned by the victim in the front of the said restaurant.

The Defendant, including this, stolen or attempted to steals money and valuables equivalent to KRW 1,69,290, total market value of the victims, 14 times from around that time to March 23, 2013, as indicated in the attached list of crimes committed by the Defendant, and infringed upon the victims’ residence.

[2013Kadan445] On February 17, 2013, the Defendant ordered alcohol and alcohol as if he would pay the victim's drinking value to the victim at an entertainment tavern under the trade name of "H operated by the victim G in Seopopopo City F".

However, the defendant did not have the intention or ability to pay the above drinking value.

The defendant was provided with alcoholic beverages equivalent to 150,000 won at the same place by the victim.

Summary of Evidence

[2013 Height383]

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each written statement of J, K, L, M, N, D,O, P, Q, R, S, and T;

1. Each photograph (2013 Highest 445);

1. Defendant's legal statement;

1. The police statement concerning G;

1. A receipt (previous record on the market);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., results of search of prisoners, investigation reports (attached to judgments and verification of date of release);

1. Relevant provisions of the Criminal Act concerning criminal facts: Article 330 of the Criminal Act; Articles 342 and 330 of the Criminal Act; Article 329 of the Criminal Act; Article 329 of the Criminal Act; Articles 342 and 329 of the Criminal Act concerning criminal facts; Articles 342 and 329 of the Criminal Act (the points of attempted larceny and the choice of imprisonment).

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