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전주지방법원 2019.05.29 2018고단2672

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief and the Defendant: (a) around 08:30 on October 2018, 2018, the victim C, the owner of a business, intruded into a warehouse through an open entrance opened by the victim C, the owner of which was diving, and stolen drinking water amounting to KRW 73,50,000, which was owned by the victim.

2. Night building thief;

A. A. Around November 19, 2018, the Defendant committed a crime (1) around November 19, 2018, around 03:45, around November 19, 2018, when the victim E, the owner of a business, invaded on the passage of the first floor through an open entrance between the victim E, who was diving, and stolen the drinking water amounting to KRW 84,00,000, which was kept in custody.

(2) On November 19, 2018, the Defendant: (a) 05:00 on November 19, 2018, the victim G, a business owner of the Defendant, invaded into a warehouse on the second floor through an open entrance between the two floors, and took a 8,000 won drinking water owned by the victim, which was kept in custody.

B. Around November 26, 2018, the Defendant, around November 26, 2018, committed the crime, with a set of an open entrance from which the victim E, a business owner of the above victim, was locked to the passage of the first floor and stolen with a set of 8,000 won at the market price, which is the victim’s possession, in front of the visit, at around 04:0,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E, G and C;

1. Application of Acts and subordinate statutes to photographs at each scene of crime;

1. Relevant legal provisions concerning criminal facts under Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 330 of the Criminal Act, and Article 330 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not much the amount of damage, the agreement with some victims, and there is no record of criminal punishment.