beta
(영문) 부산지방법원 2018.12.21 2018고단3557

폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

In light of the aforementioned legal principles, the victim’s 7th floor of the instant 7th floor, which was installed without locking devices at the entrance of the 2nd floor of the instant 7th floor, discovered the victim’s 1,50,000 won of the market price of T-owned land, and towed and stolen the Plaintiff’s 150,000 won of the 6th floor of the instant 7th floor.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

Summary of Evidence

"2018 Highest 3557"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions indicated in the judgment: The defendant's legal statement and investigation report (the fact that the trial of a separate appellate court is pending) (the fact that the trial of a separate appellate court is held, 3674);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written Statement of the J: "2018 Highest 4216";

1. Statement by the defendant in court;

1. Protocol of the police statement to theO " 2018 Highest 4681";

1. Statement by the defendant in court;

1. U’s written statement "2018 Highest 4977";

1. Statement by the defendant in court;

1. Application of the T-Written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the occupation of violence, the choice of imprisonment), Article 330 (the occupation of larceny of intrusion on each night structure) and Article 329 (the intention of Section 1 and the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes is as follows: (a) The reason for sentencing under the latter part of Article 37 of the Criminal Act; (b) the defendant who has failed to apply the sentencing criteria for single concurrent crimes after Article 37 of the Criminal Act has repeatedly committed the same kind of crime even though he/she had several criminal convictions related to larceny and violence,

However, considering the fact that there is no criminal punishment exceeding the fine prior to each of the above crimes and is against the law, the punishment shall be determined as ordered in consideration of the equity in the case of judgment at the same time with the special injury crimes as indicated in the judgment, etc., other than the defendant's age, sex, environment, motive, means, results, etc., and the circumstances after the crime.