본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
수원지방법원 평택지원 2012.12.27 2012고단1403

야간주거침입절도

Text

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

Reasons

Punishment of the crime

At around 00:20 on November 22, 2012, the Defendant: (a) returned CCTV camera installed on the corridor to another direction room operated by the victim E in Ansan-si; (b) cut off the CCTV door door door door from the window to the direction room; and (c) cut off the 302 key owned by the victim, who was on the platform, by intrusion into the direction room; (d) cut off the 700,000 won in cash owned by the victim who was on the platform; and (e) cut down the cosmetics containing two facess of 200,000 won in the market price owned by the victim who was on television.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of each damaged object and photographs of each damaged field;

1. The defendant and his defense counsel's assertion on the criminal facts in Article 330 of the relevant criminal law and the defendant alleged to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime in this case. However, according to each of the above evidence, the defendant seems to drink at the time of the crime in light of the circumstances leading to the crime in this case, method of the crime, and the circumstances after the crime, etc., it is not deemed that the defendant had weak ability to discern things or make decisions. Thus, the above argument is rejected.

Although the defendant's reason for sentencing is against the defendant's recognition of the crime, the defendant's suspended execution on March 28, 2012 was sentenced to 8 months of imprisonment and 2 years of suspended execution on June 21, 2012 at night, residence intrusion, larceny, etc. at the Suwon District Court's Eunpyeong site, which became final and conclusive on March 28, 2012.

In light of the fact that a defendant commits the same kind of crime without being aware of during the term, it is inevitable to sentence him/her as a sentence.

On the other hand, setting the sentence is prior to the determination of the sentence.