logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.03.18 2015고단507
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. At around 08:40 on February 4, 2015, the Defendant, in response to his/her residence, he/she was living in the front of his/her house where C victim D was living, and then stolen the entrance door locked by his/her thought, and invaded upon the victim’s residence.

2. The Defendant did not commit an attempted theft but committed an attempted crime, when he intruded into the house at the same time and place as described in paragraph 1, and discovered a stolen object from the inside and outside of the house, and fled out from the house, and was arrested as a flagrant offender by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and victim D;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act (the points of intrusion upon residence), Articles 342 and 329 of the Criminal Act (the points of attempted larceny) and the choice of imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent criminals have committed the same kind of crimes several times, and, in particular, each of the crimes of this case is committed immediately after the defendant was given a stay of execution with respect to the same thief crime, and the defendant committed the attempted larceny crime of this case, and the defendant seems to have committed each of the crimes of this case that are economically difficult for the defendant, and the defendant's mistake is recognized, and all of the other factors for sentencing under Article 51 of the Criminal Act are considered to be considered as the order.

arrow