logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2017.03.23 2016고단569
야간건조물침입절도등
Text

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

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

Reasons

Punishment of the crime

1. On June 1, 2016, at around 23:20 on June 1, 2016, the Defendant invadedd the victim’s residence by the aforementioned method 19 times in total, as described in the list of crimes in attached Form 1, where the victim D (n, 65 years of age) located in the former Northern-gun C, without any specific reason, entering the said female’s house in a drunken state and invaded upon the said female’s house, and from July 11, 2016 to July 35, 2016.

2. From June 17, 2016, around 23:48, the Defendant: (a) opened a locked door at a warehouse located near the said victim D’s house; and (b) intruded into that warehouse; and (c) used one device at least 10,000 won at the market price, which was owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment), and Article 330 of the Criminal Act (a point of larceny by intrusion upon structure at night);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under the main sentence of Article 62-2 of the Social Service Order Act, Article 59(1) of the Act on the Protection, Observation, etc., are against the defendant's timing of and wrong in committing a crime, the value of the goods damaged by theft of this case is not so significant, the victim is not subject to the punishment of the defendant, and there is no record of committing a crime exceeding the fine against the defendant, and there is a record of the defendant sentenced to a fine for the same kind of crime, such as the conditions for sentencing unfavorable to the defendant, the fact that the defendant was sentenced to a fine for the same crime, and the victim seems to have caused a lot of uneasiness due to the continuous crime of the defendant who is difficult to predict, and other conditions for sentencing unfavorable to the defendant, such as the defendant's age

arrow