logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.05.27 2016고단327
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

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

On December 2, 2015, from around 01:20 to 04:10 on the same day, the Defendant was in possession of Masck, scke, scacker knife and multi-functional knife and entered in the indictment of a shopping company, which is located in the south-gu Busan Metropolitan City, Ulsan Metropolitan City, 74, and entered as “victim B” but appears to be written in writing.

A. At the time of glicking a lot operated by the A.m., it intrudes into a building through a crepans under the new studs for blocking the entrance of a parking lot, and then puts a total of KRW 107,570,000 in a paper box, including one string of the string, the old mond 1 string, the old string 1 string, the string 1 string, the string of the string, the string 2, the water string, the string of the string 2,000,000 won, and two strings of the string.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on records of seizure, list of seizure and receipts;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. The scope of sentence recommended on the sentencing criteria [the scope of sentence [the scope of punishment recommended] [the scope of punishment [the scope of punishment recommended] that there is no basic area [the person who is subject to special sentencing] of the type four (the theft by intrusion on general property] [the scope of punishment] from one year to two years; and

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, sex, environment, motive, background, means, methods, and results leading to the instant crime; and (b) the overall sentencing conditions as indicated in the records and arguments before and after the instant crime, such as the circumstances before and after the instant crime; and (c) the sentence as ordered.

A favorable normal condition: A confession and reflect, the fact that there is no record of punishment for the same kind of crime, the degree of damage is minor, and the entire damage has been returned.

(k) disadvantageous circumstances:

arrow