2016 Highest 392 Night larceny and attempted larceny at night.

A person shall be appointed.

OO (prosecutions) and ○○○ (Public trial)

Attorney ○○○ (Non Line)

April 20, 2016

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

Facts of crime

Since September 2015, when there was no income from there was no other occupation, the Defendant had invaded on another person’s residence in order to prepare living expenses, etc., attempted to steal money and valuables, prepared the gambling tool, strawer, wallet, etc., which can cut the singing, and found a house that can be waited in the place where the house is left, and found that there was no person at the house where the window is opened or the first race is partitioned, he was willing to steal money and valuables by breaking the pipe or leaving the pipe.

1. Nighttime theft at night. At around 00:0 on September 2015, the Defendant: (a) around 20, the Defendant got out of 00,000 won in the residence of the victim B located in Yongsan-gu Seoul Metropolitan Government ○○○○○○○○○○○○○○○○○○○○○○○○○; (b) even if the first race was divided, the Defendant was well-known by the said front door, and opened and intrudes the closed window, and thereafter, owned by the victim’s market value at least 300,000 won in sight and 300,000 won in total.

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

B. On December 8, 2015: around 00, the Defendant got out of place in front of the residence of the victim C on the ○○○○○○○-ro, Jung-gu, Seoul and the victim’s ○○○○○○○○ floor. Even if the primary race was divided, the Defendant intruded the Plaintiff into the window with a 2nd floor dooring up the urban gas pipe, and then came out with the property equivalent to KRW 170,000,000,000, in total, the market price of the victim’s possession was equivalent to KRW 100,000,000,000, and KRW 10,000,00,000, and KRW 170,000,00.

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

C. On January 4, 2016: around 30, the Defendant was in the residence of the victim of Seongbuk-gu Seoul Metropolitan Government ○○○○○○○○○○○ road, and the Defendant was out of the place of residence of Seongbuk-gu, Seongbuk-gu, Seoul, and was in possession of the property equivalent to 220,000 won in total, including 10,00 won in cash and 100 U.S. dollars (A. 1.20,000 U.S. dollars) in the victim’s wall on the shock.

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

D. On January 18, 2016: around 00, the Defendant came out at the residence of ○○○○○○○○○○○○○○○○○-ro, Gangnam-gu, Seoul, and came out. The Defendant: (a) opened and intruded an inner window with no locking device even if the primary race was divided; (b) opened and intruded the inner window with a view to 2.50,000 won at the victim’s market price located in the front line of the ward; (c) one female-owned wall with a market price equivalent to 2.50,000 won at the market price in the front line of the ward; (d) one point with 14K box equivalent to 100,000 won at the market price in front line; and (d) one point with 1,14 K 14 K 1,100,000 won at the front line; and (d) one million won at the market price in cash equivalent to one million won at the front line.

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

E. On January 18, 2016: around 40: around 40, the Defendant went out to the residence of ○○○○○○○○○○○○○○○-ro, Gangnam-gu, Seoul, and went out. The Defendant: (a) was in possession of the first race; (b) cut off the 18 KK mp in an amount equivalent to 3.80,000 won of the market price owned by the victim on the inner cremation; (c) cut off the 18K mp in an amount equivalent to 3.80,000 won of the market price of the victim on the inner cremation; (d) 2mp in an amount equivalent to 180,000 won of the market price; and (e) 14K mp in an amount equivalent to 150,000 won of the market price; and (e) 14K 1,54,000 won of the market price; and (e) 150,150,000 won of cash.

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

F. On January 18, 2016: around 30: around 30, the Defendant was at the residence of the victim G located on the Gangnam-gu Seoul Special Metropolitan City ○○○○○○○○○○○○○○○○○○○○○, and the Defendant went into the victim’s bank window that was located in the inner bank, etc. after breaking the urban gas pipeline and not correcting the first class. At least, the Defendant was at least 10,000 won in cash, gift certificates, 70,000 won in gift certificates, and approximately 1,80,000,000 won in yellow scams, one half in the net amount of about 50,000 won in the victim’s possession, one in the male city of approximately 1,7 in the market name, two inscams, three inscam, five insular, five insular, one insular, one insular, one insular, one insular, one insular, and other property.

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

2. An attempted larceny at night;

A. On January 4, 2016: around 00, the Defendant came to the residence of the victim H of the victim of the Seongbuk-gu Seoul Metropolitan ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and went to an attempted attempt, even though the Defendant divided the first race, he did not have any response to theft of money and valuables, but did not have any other objects, but did not go to an attempt.

B. On January 4, 2016: around 00, the Defendant went to the residence of the victim I on the Seongbuk-gu Seoul Metropolitan Government ○○○○○○○○○○○○ road - ○○○○○○○○○○○○○○, and went to an attempted attempt, even though the Defendant went to the residence of the victim I, who did not have any reaction, with the intention to steal money and valuables from the scene, and had all the reactioned.

C. On January 18, 2016: around 20: around 20, the Defendant got out of the place of residence of the victimJ located on the Gangnam-gu Seoul Northern District ○○○○○○○○○○○○○○○○○○○○○○○○, and was in an attempt to commit a crime, even though he had been aware of the initial races, he had been in the way to steal money and valuables, and opened and intruded with the unrecepted door beyond the wall, but did not take corrective measures.

D. On January 26, 2016: around 00, the Defendant was in the residence of the Eunpyeong-gu Seoul Metropolitan Government ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and was in an attempted crime, even though he got out of the house and did not correct the money and valuables by deeming that he did not live. However, in the scheme, the Defendant went into the window of beer who was not able to steal the money and valuables, but did not go out of the house, and did not bring about an attempt.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, B, K, D, J, G, E, H, and I;

1. A written statement;

1. Records of seizure, list of seizure and photographs of articles seized;

1. Investigation report (to hear statements, such as the date and time of damage to the victim H), investigation report (to hear statements, such as the date and time of damage to the victim I), investigation report (to hear statements, such as the date and time of damage to the victim I), investigation report (to hear statements, such as the date and time of damage to the victim D), and investigation report (to hear statements

Application of Statutes

1. Article applicable to criminal facts;

Article 330 (Aggravated Larceny) of the Criminal Act, Articles 342 and 330 (Aggravated Larceny) of the Criminal Act. Article 330 (Aggravated Larceny at Night)

1. Aggravation for concurrent crimes;

1. The grounds for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; 1. The scope of applicable sentences by law: Imprisonment with prison labor for one month to 15 years;

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

[Scope of Recommendation] Basic Area of thief (Intrusion thief) for General Property (one year to two years)

【Special Person】

- A mitigated person: a living-type crime;

-A person under way: A person who carries a dangerous weapon, or who causes danger and injury at night, or who causes damage to a structure at night (type 4);

3. Determination of sentence;

The defendant appears to have committed the crime of this case in order to raise the hospital expenses and living expenses of his family members with his workplace only, and the defendant will be employed by the business operated by the defendant's living together.

At the same time, there is an appeal against the ship's wife, and that there is an agreement with the victim B is favorable.

On the other hand, the fact that the defendant was punished more than a suspended sentence for a crime of the same type is less than four times, the fact that the defendant's possession of the stacker and cutting the suicide of the crime prevention, and intrusion upon the residence, and the frequency of the crime is more than ten times, etc. is disadvantageous.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.

Judges Kim Jong-ok