(영문) 부산지방법원 2016.03.31 2015고단6014

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.03.31 2015고단6014

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 6, 2015, the Defendant: (a) opened and milked a tent installed at the entrance of the entrance in Busan Metropolitan City on the construction site of a new hotel in Busan Metropolitan City on September 22, 2015; (b) invaded into the entrance to the site; (c) thrown a theft of KRW 300,000 (150,000) the market price of the first floor on the third floor; and (d) caused a theft of KRW 300,000 (150,000) the market price of the third floor; and (e) caused a theft of KRW 150,000 (150,000,000) the market price of the eight floor on the third floor; and (e) caused a theft of KRW 450,000,000 (30,000,000) from the market price of the road; and (e) caused a theft of the road at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on internal investigation (based on the analysis of CCTV against a suspect and tracking of the same line), internal investigation report (based on the analysis of CCTV against a suspect and tracking of the same line);

1. Application of Acts and subordinate statutes to the seizure protocol (voluntary submission), list of seizure and investigation report (related to errors in the number of damaged articles);

1. The reason for sentencing under Article 330 of the Criminal Act in relation to facts constituting an offense [the scope of recommended punishment] The sentence shall be imposed on the defendant in consideration of the following factors: (a) the area of special mitigation [4 months-1 year-6 months] [4 months-1 year-6] [4] the case where a person has no fixed residence for the defendant; (b) social relation has very weak relationship with the defendant; (c) the defendant's age, sex behavior, environment, etc.

However, in consideration of the fact that the defendant is against the defendant, the crime of this case can be seen as a contingent crime and can be seen as a living penalty, all thefts have been returned to the victim, and the defendant has no criminal record exceeding the same criminal record and fine, etc., the punishment shall be determined like the order.

참조조문

-형법 제330조

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