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(영문) 부산지방법원 2018.04.03 2018고단507
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The three (No. 1), a stock farm, which has been seized, 1,00 square meters (No. 2).

Reasons

Punishment of the crime

On June 3, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for night building intrusion larceny, theft, etc. in the Busan District Court's branch court, and on March 31, 2016, the execution of the sentence was completed in the Busan District Court's detention center.

1. On January 23, 2018, at around 03:50, the Defendant: (a) discovered the victim-owned market value of KRW 2 million E 125C B, which is the victim-owned land in front of his/her residence located in Busan Nam-gu, Busan; (b) discovered the victim-owned land in front of his/her residence; and (c) discovered the victim-owned land, which was in possession of the victim-owned land in front of his/her residence; and (d) destroyed the victim-owned land by

2. On January 23, 2018, around 04:33, at night, the Defendant discovered the key located in the door door door of the entrance, opened a door, and intruded into the door to the point of the said main office, and stolen the cash amounting to KRW 100,000,000 in cash owned by the said victim, which was located in the seat of the said main office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and G;

1. Each protocol of seizure and the list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the fact of termination of punishment and confirmation of the same kind of records);

1. Article 330 of the Criminal Act (a thief for intrusion on a structure at night) and Article 329 of the same Act (a thief for intrusion on a structure at night) concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines for the crime No. 1 (the scope of the recommended punishment) [the scope of the punishment] 4 types of theft in general property [the scope of the punishment] / In the case of intrusion into a place other than indoor residential space (the special mitigation (special mitigation) / (the type No. 4) / Two types of repeated crimes of the same kind (the scope of the recommended punishment / the scope of the punishment ] the aggravated area (6 months to one year) [the special aggravation] of the aggravated area of the general property (the theft, such as abandoned water] [the special aggravation].

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