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Reasons
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(영문) 전주지방법원 군산지원 2013.09.11 2013고단737
야간건조물침입절도등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 3, 2013, the Defendant: (a) around 23:58, the Defendant: (b) invadedd the victim C’s office located in Gunsan City B via its window to the Do school held as a pastor on May 3, 2013; (c) stolen the victim’s cash amounting to KRW 350,000; (d) 1st to 1 to 1 to 1 to 1 to 1 to 1 to 1 to 150,000, the market price of which is equivalent to KRW 50,000; and (e) 850,000,000,000 property at a market price, such as one Doner, which is the Doner, in total amounting to KRW 50,00,00.

2. From around 04:10 on May 30, 2013 to 04:40 on the same day, the Defendant: (a) opened a window installed later than the left side of the church building and opened a window in his hand in order to confirm the inside and to steal the property by rupture, etc.; and (b) opened the window in order to open the window, but the window is closed; (c) the window is installed, and the crime prevention window is installed; and (d) was not committed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to field photographs, CCTV images, investigation reports (influorics of the suspect's intrusion actions);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a point of larceny of a structure at night), Articles 330 (a point of larceny of a structure at night), 342, and 330 (a point of attempted larceny of a structure at night);

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) on April 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) at the Jeonju District Court’s Military Mountain Branch on April 17, 2012; (b) the Defendant committed each of the instant crimes without being aware of the fact that he/she committed the instant crimes in a suspended sentence of two years during the suspended sentence period; (c) the same criminal record is several times; and (d) the Defendant

However, the defendant depths the wrongness.

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