logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.20 2016고단4420
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 15, 2016, at around 03:07, the Defendant went into a “D” drinking house of the victim C’s operation in Daegu Jung-gu, Daegu-gu, and then went into a theft with cash of KRW 3.60,000,000, which was the owner of the victim who was under custody in the gold transfer payment period and the display stand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of written statements, internal investigation reports (on-site visit investigation), internal investigation reports (investigation of field oil), gene appraisal reports, internal investigation reports (CCTV image data analysis), 24 copies of photographs by cutting off CCTVs, response to requests for appraisal, response to investigation reports (in response to requests for DNA gene appraisal), investigation reports (influoring of bags possessed by the defendant) or video-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing) of the suspended sentence [the scope of applicable sentences under the law] : (a) one month to ten years [the scope of applicable sentences under the law]; (b) when the defendant intrudes into a place other than the indoor residential space (the person subject to special sentencing] - (4) [the scope of the recommended sentence] mitigated area / [the scope of the recommendation] 8 to one year and six months / [the scope of suspended sentence] - There is no major reason for special consideration - there is no criminal record of the suspended sentence of minor damage or above - there is no criminal records of the suspended sentence of minor punishment [the decision of sentence] committed by the defendant by intrusion upon the victim's operation; (c) although the defendant did not endeavor to recover damage, the crime was committed in cash with 360,000 won at one time; and (d) when the defendant was not subject to more severe punishment than a fine, and the defendant's age and condition of punishment are not favorable to the defendant.

arrow