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Reasons
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(영문) 청주지방법원 제천지원 2015.12.24 2015고단586
야간건조물침입절도등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to mental problems, such as the current tide, etc.:

1. At night, around 02:00 on October 31, 2015, the Defendant: (a) opened an unauthorized entrance and intruded into the container managed by the victim D; (b) and (c) opened an unreshed gate; and (d) opened 24 rolls at the location of the victim, the market price of which is equivalent to KRW 10,00,000,000 in the market price of KRW 30,000,000 in the address; and (b) opened 16 pages at the market price of KRW 50,00 in the address.

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

2. From October 31, 2015, around 04:30 on October 31, 2015, the Defendant: (a) driven the Flauna car in front of the Flaune shop in Dacheon-si; (b) the victim G was in advance at the market price of KRW 7.5 million, the victim’s market price at which the victim G was living in the city for the purpose of towing.

Accordingly, the defendant stolen another's property.

Summary of Evidence

1. Witness D, G, I and J each testimony 1. Seizure records and list 1. Application of the statute of limitations on photograph description 1.

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. From among concurrent crimes, the fact that the Defendant committed the instant crime as well as the Defendant’s act of committing the instant crime because of the injury resulting from confinement under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, even though the Defendant had been convicted of the suspension of execution due to the injury resulting from confinement, the period of suspension of execution does not begin for two months, is disadvantageous to the Defendant. The fact that the Defendant appears to have been a state of mental or physical disability at the time of the instant crime, and the victims

The records and arguments of this case, including the above circumstances, are shown.

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