(영문) 울산지방법원 2016.11.16 2016고단2841

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.11.16 2016고단2841

특수절도미수등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 7, 2016, at around 03:00 on June 7, 2016, the Defendant attempted special larceny: (a) was in front of the victim D’s house in Ulsan-gu, Ulsan-gu; and (b) was in front of the said house; (c) took the kitchen glass of the said house; (d) rescinded the kitchen glass; and (e) rescinded the correction device; and (e) opened the kitchen door and opened the said house; and (e) went back from the lock to the lock, the victim’s mother-friendly E, “I” of the said house; and (e) failed to realize the purport.

Accordingly, the defendant tried to steals property by destroying part of the door at night and impairing the residence of the victim, but did not commit an attempted crime.

2. On June 12, 2016, the Defendant, who attempted to larceny at night, had intruded into the said house through the kitchen, which was opened in front of the said house, and followed the house to steal the property owned by the said victim D, but did not have any property to be stolen.

Accordingly, the defendant tried to steals property by breaking the victim's residence at night, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 342, 331 (1), and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although discretionary mitigation of punishment is under the period of suspension of execution for the same kind of crime under Articles 53 and 55 (1) 3 of the Criminal Act [the grounds for the punishment], the choice of sentence is inevitable when comprehensively considering the fact that each of the crimes of this case was committed during the period of suspension of execution, the repetition of the crime, the risk of recidivism, etc.: Provided, That the punishment shall be determined like the disposition, by taking into account the various circumstances shown in the records and arguments, such as the fact that each of the crimes was committed in relation

참조조문

유사 판례

-서울북부지방법원 2018.08.29 2018고단2304

-서울북부지방법원 2015.07.15 2015고단1366

-대구지방법원 서부지원 2014.10.07 2014고단1309

-춘천지방법원 강릉지원 2018.11.22 2018고단459

-수원지방법원 2016.10.27 2016고단4884