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Reasons
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(영문) 수원지방법원 2016.07.28 2016고단2830
야간건조물침입절도
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on March 10, 2016, the Defendant intruded into the entrance of the victim D, which was operated by the victim D at Osan-si, with an entrance that was not set up in front of the singing room operated by the Defendant, and stolen one salt week with a total of KRW 400,000,000,000 at the market price of the victim’s possession, which was set up under the csing room, and 150,000,000,000 won in cash.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the structure managed by the victim at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on occurrence of a disaster;

1. CCTV photographs;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article 330 of the Criminal Act concerning a crime (a thief in case of intrusion on a structure at night);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] The mitigated area (from August to January 1) of the mitigated area (the mitigated area) for the theft against general property;

2. Although the nature of the crime in this case is not good in light of the fact that the defendant who was sentenced to a fine once for the same crime committed again even though he/she had been sentenced to a fine for the same crime, there are extenuating circumstances such as the defendant's violation of his/her mistake, the defendant's absence of criminal records beyond the fine, the victim and the victim have agreed smoothly, and the sentencing conditions in the records, such as the defendant's age, sexual conduct, environment, circumstances of the crime, and circumstances after the crime, shall be determined as the sentence as ordered.

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