logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.31 2017노2340
야간건조물침입절도등
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant: (a) committed a theft or attempted crime of KRW 1460,00,00,000 in cash owned by the victim D, F, and tobacco 2 A, which were in his office by opening an entrance with a security release card or destroying the windows on the door-to-door office with his/her career three times; and (b) committed a crime in light of the background and method of the crime.

Considering the fact that the Defendant committed the instant crime even though he had been sentenced to a suspended sentence of imprisonment in 2009 with prison labor in 2009 and imprisonment with prison labor in 2010 and 2013 due to the same theft, the Defendant committed the instant crime, and was unable to recover from actual damage up to the present, a sentence of imprisonment with prison labor against the Defendant is inevitable.

On the other hand, the defendant recognized the crime of this case, and reflects the mistake.

The special larceny crime was attempted, and the damage amount of the crime committed to the police was relatively small, and the victim F expressed in the trial that the victim F does not want the punishment against the defendant.

In such circumstances and other circumstances, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances following the crime, which are the sentencing conditions specified in the argument of the instant case, and intrusion on structures at night within the scope of the punishment recommended according to the sentencing guidelines set by the Supreme Court sentencing committee [the scope of the recommended punishment] the mitigation area (from August to one year and six months) of the mitigation area (the special mitigated person] [the scope of recommendation] in cases where the person intrudes into a place other than the indoor residential space [the scope of recommendation] types of larceny [4] the special mitigation area (from April to one year and six months) of the special mitigation area (within one year and six months) [the scope of punishment] in cases where the person intrudes into a place other than the indoor residential space (the person subject to special mitigation], and the final sentencing scope according to the aggravation of the majority who is not subject to punishment [the sentencing guidelines for attempted larceny and intrusion on general property] in eight or more months].

arrow