logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.09 2017고단7077
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On June 3, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny by the Incheon District Court, and completed the execution of the above punishment in the South prison on February 2, 2017.

[Criminal facts]

1. On September 17, 2017, the Defendant infringed upon the residence of the victim C, which was located in Bupyeong-gu Incheon Metropolitan City around 09:00, and then stolen the head of the victim C, and went to the said house, and invaded the victim’s residence.

2. The Defendant: (a) stolen the victim’s house at the time and place specified in paragraph (1); (b) stolen the victim’s house with two chief executive officers on the market price, which was located in the victim’s house.

3. On September 19, 2017, the Defendant attempted to larceny residence at night, when she came to the house of the victim as stated in paragraph (1) around September 20, 2017, and then steals the head of the Gu, going beyond the wall, and colors the head of the house, thereby cutting the head of the house, and cutting the head of the house, but the Defendant did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of C;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (verification of such criminal record, and period of repeated offense);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the point of Section 329 and the choice of imprisonment), Articles 342 and 330 of the Criminal Act (the point of attempted larceny upon residence at night) concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes by concurrent crimes prescribed in the attempt to larceny residence with the largest punishment at night);

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 30 years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Application of the sentencing guidelines [Determination of the type] thief, theft against general property, and aggravation of the fourth type (special sentencing factors): Cumulative repeated crimes of the same kind which do not fall under the aggravation of specific crimes (special sentencing factors): indoors (special sentencing factors) mitigated factors.

arrow