logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.10.20 2016고단2774
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2016, around 10:13, 2016, the Defendant, along with husband C, discovered a single labing machine, a labbing machine, a labing machine, and a labing machine, and led to the Defendant, according to the Defendant’s instructions, he was able to boom the labed box.

Accordingly, the Defendant, together with C, stolen another’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Investigation report (victim telephone investigation);

1. In light of the fact that, although the defendant alleged to the effect that he did not have an intention of larceny since laundry report (field ctv), ctd, photo, and ctact image [the defendant knew that laundry and balb were to be discarded, so he did not have an intention of larceny, it is difficult to view that the defendant, at the time of committing the crime of this case, was aware of the damage of this case as the main goods, but all of the above evidences can be comprehensively taken into account and known. In other words, it is difficult to clearly distinguish the fact that, without the completion of the director at the time of committing the crime of this case, this article was stored adjacent to the house, and it is difficult to distinguish the article to be discarded and the article to be discarded, and in particular, it is difficult for the defendant to see that the defendant was aware of the damage of this case as the main goods, and that there was no intention that the defendant had an intention to do so with another person's property. Therefore, the above defendant's assertion cannot be accepted.

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

arrow