logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.23 2018고단6913
특수절도미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 10, 2018, around 15:00 on June 10, 2018, the Defendant: (a) stolen food, etc. in the office located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) opened the first floor door and intruded on the building.

2. Attempted special larceny;

A. In order to steals food around 23:00 on June 11, 2018, the Defendant, as described in the foregoing paragraph 1, intruded into B shopping districts and was living on the rooftop of the building, was in the E office of the victim D’s operation of the said shopping district, and went into the office by hand, thereby opening the warning machine case installed on the side of the entrance of the said office. However, food was not stolen due to the lack of the office’s door.

B. The Defendant above A.

In order to steals food at the time and time stated in the port, the fire extinguishing machine (up to approximately 38 cm in height, approximately 15 cm in diameter) which was placed near the entrance was cut off in hand at the office of the H bail appraiser in the operation of the victim G in the above commercial building F, and the alarm machine was installed adjacent to the entrance, and was cut off, and the office glass door was cut off several times, but the food was not stolen due to the absence of office door.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of I, G and D;

1. Relevant provisions of Article 319 (1) of the Criminal Act (influence of buildings), Articles 342 and 331 (1) of the Criminal Act (influence of attempted special larceny) concerning facts constituting an offense, and choice of imprisonment with prison labor;

1. Mitigation of attempted larceny under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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

1. A suspended sentence shall be ruled as ordered for the reasons under Article 62 (1) of the Criminal Act (i.e., reflectiveness, circumstances leading to the commission of a crime, health conditions, etc.);

arrow