logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.22 2015노6936
상습야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, the Prosecutor changed the name of the crime to “Habitual night structure intrusion larceny” as “Habitual special larceny,” and the applicable provisions of the Criminal Act to “Articles 332, 330, 329, and 342 of the Criminal Act” as “Articles 332, 331(1), 330, 329, and 342 of the Criminal Act,” respectively, and applied for amendments to the indictment to add part of the facts charged, and the judgment of the court below was changed to that effect, and thus, the judgment of the court below was no longer maintained.

3. In conclusion, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s improper assertion of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence admitted by the court is as follows, and the facts constituting an offense as indicated in the judgment below, and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, since all of the facts constituting an offense as indicated in the judgment below, except for the addition of paragraphs 1-b and 1-h of the facts constituting an offense as indicated in the judgment below as stated in the following.

1. Habitual theft;

A. On August 19, 2015, the Defendant committed the crime of convenience store C around 01:00 on August 19, 2015, confirmed that, at around 01:00, the victim E’s convenience store for the operation of the e-mailed victim E, going through the air conditioner room and the window behind the water was not corrected, and that the Defendant intruded into the storage of the goods of the convenience store through the window to the warehouse, and cut off the said goods with one color door, which is the victim’s possession, holding approximately KRW 2.5 million in cash on the laund.

B. On September 9, 2015, the Defendant committed AB Mte on September 9, 2015: (a) the window that was not corrected later than the “AB Mte” located in Osan-si AC around September 01:34, 2015.

arrow