logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.03.23 2015고단1457
야간주거침입절도미수등
Text

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

Reasons

Punishment of the crime

On October 24, 2014, the Defendant was sentenced to a suspended sentence of six months in Seoul Southern District Court sentenced to a suspended sentence of two years, and the said judgment became final and conclusive on November 1, 2014.

1. On September 12, 2009, the Defendant attempted to larceny at night, and around 04:10 on September 12, 2009, went into the residence of the victim C of Geumcheon-gu Seoul, Geumcheon-gu and the second floor, Geumcheon-gu, Seoul, with the entrance and exit without a locking door, and thus, did not commit an attempted crime at the wind where the damaged was found and sounded.

2. From around 09:00 on June 4, 2010 to around 19:20 on the same day, the Defendant invadedd the victim’s residence by entering the victim’s house through the window without a locking window, which was thought of theft of the property from around 09:0 to around 19:20 on the same day.

3. The Defendant shall take up one half-half of the total market value equivalent to 2,00,000 won owned by the victims E, which was in an inner or secret state at the same time and place as paragraph (2).

L. A. L. theft was committed.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. Each response to a request for appraisal;

1. A temporary burial site in each field;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of the text of the judgment), and application of the statutes of the judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 342, 330 (the attempted larceny at night), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 3, the choice of imprisonment with prison labor) of the same Act;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed each of the crimes of this case even though the defendant has been punished three times or more for a considerable period of time for the same crime, the damage has not been recovered, and the equity between cases where the judgment of the court below is to be judged simultaneously with the attempt of larceny at night when the judgment of the court became final and conclusive, etc.

arrow