(영문) 광주지방법원 해남지원 2020.02.20 2020고단24

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 해남지원 2020.02.20 2020고단24

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. At around 10:20 on November 16, 2019, the Defendant: (a) opened a front door door door door door, which was parked at the front of C in front of C, and opened a door door, which was not corrected by the E-mail truck owned by the victim D; and (b) stolen the Defendant’s smartphone and KRW 20,000 in cash equivalent to KRW 30,000 in the market price owned by the victim.

2. At around 10:55 on December 28, 2019, the Defendant: (a) opened a driver’s seat, which was parked in front of the Hadonam-gun, in front of the Frando-gun, and entered a Hado-gun that was not corrected by the Hado-gun, G, and caused a theft of KRW 135,00 in cash owned by the victim.

3. On January 10, 2020, at around 09:30, the Defendant entered the house through the victim J’s house located in Ydo-gun I and entered the house and opened the gate and intruded on the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to G and J;

1. Written statements prepared by D;

1. Investigative report (in case of jugal jums, J7 mobile phones);

1. The Defendant and his defense counsel asserted that one smartphone was not stolen in relation to the theft described in paragraph (1) of the crime in the judgment. However, in full view of the following: (a) the Defendant clearly stated that he was stolen of the Handphone; (b) the Defendant and the Handphone dealer operating a Handphone store operating several times of the transaction of the Handphone; and (c) the Defendant stated that he had sold the Handphone which was reported to lose the Handphone on December 2019, the fact that one smartphone was stolen as described in paragraph (1) of the criminal facts in the judgment of the Defendant can be sufficiently recognized; and (d) the Defendant and the defense counsel’s above assertion cannot be accepted; and (e) the application of the statutes.

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The Criminal Act among concurrent crimes.

참조조문

-형법

-형법 제319조 제1항

-형법 제329조

유사 판례

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-광주지방법원 해남지원 2013.12.11 2013고단278

-인천지방법원 2016.10.19 2016고단2696

-부산지방법원 2013.05.21 2013고단1954