logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.10.25 2013고단3440
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At night, on July 4, 2013, the Defendant: (a) opened and intruded a gate which was not corrected at the house of the victim B in Gwangju Northern-gu, Gwangju, by promptly opening the house; and (b) stolen property equivalent to KRW 569,00 in total of the market price owned by the victim, which is the victim’s ownership, from the market price of KRW 10,000,000 to the market price of KRW 20,000,000.

2. On July 2, 2013, the Defendant attempted to steal an article by opening a gate that was not corrected at night at the office of the said victim C, and by intrusioning upon the said victim C, but did not immediately bring about an attempted attempt, but did not bring about any spams that could have stolen articles, without being sprinked on the sprink.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written statements of D;

1. Photographs;

1. Application of the Act and subordinate statutes to investigation reports (in the event of a suspect, attaching ctv photographs), investigation reports (in the event of a list of damaged C products and confirmation of the amount of damage);

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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 (Considering the following grounds for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by intrusion upon another person’s residence, etc. at night and thus, it is necessary to strictly punish the defendant due to very poor nature of the crime. However, although the defendant recognized the mistake of himself/herself, the defendant did not have the same criminal record, and the defendant agreed to do so with some victims.

arrow