(영문) 대구지방법원 상주지원 2014.04.22 2013고단615

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) 대구지방법원 상주지원 2014.04.22 2013고단615

야간건조물침입절도

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2013, at around 03:35, the Defendant: (a) removed a security key from the office operated by the victim C in Pyeongtaek-gun B of Gyeonggi-do; (b) opened a door using the key to the entrance; and intruded into the above office; and (c) stolen the cash amounting to KRW 1,377,000 owned by the said victim, which was kept in the front door of the entrance; and (d) cut off the vehicle key to the vehicle, which was caused by the inner key of the entrance; and (e) cut off the vehicle’s E-owned amounting to KRW 9,00,000 at the market price of KRW 9,00,000, which was parked in the said parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter, the reason for the suspended sentence) is [decision of a sentence] thief crime committed in violation of general property - mitigated element of larceny [special scief] - mitigated element of larceny (type 4] - mitigated area / [decision of the recommended area] mitigated area / [decision of the recommendation area] 8 to 1 year / 1 year / major reasons for the suspended sentence / (whether suspended sentence is suspended or not] : positive - the court below's failure to punish [decision of the sentence of this case is disadvantageous to the defendant that the nature of the crime of this case is not less than 15 years, there is no previous conviction against the defendant, which is favorable to the defendant who agreed with the victims, other circumstances favorable to the defendant, and other factors specified in the arguments of this case such as the defendant's age, character and behavior, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime, etc., a sentence shall be sentenced as per Disposition within the sentencing guidelines.

참조조문

-형법 제62조 제1항

-형법 제330조

유사 판례

-서울북부지방법원 2015.08.17 2015고단2018

-대전지방법원 2015.04.01 2015고단453

-부산지방법원 동부지원 2019.02.21 2018고단2605

-서울남부지방법원 2015.01.29 2014고단4689

-대구지방법원 상주지원 2014.04.01 2014고단43