logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.01 2018고단1214
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A thief, around 06:00 on April 13, 2018, the Defendant: (a) laid off a cret in the construction site of the first floor, 208-dong, Songpa-gu Seoul apartment building C apartment complex 208; and (b) laid down a stief in the market price owned by the victim D; (c) around 14:30 on April 13, 2018, the Defendant: (a) laid down a stief in the victim’s house located in Songpa-gu, Songpa-gu, Seoul; and (d) opened a door in order to cut up the door amounting to KRW 10,000,000 at the market price of the victim’s house located in the front door; and (b) opened a door and intrudeed the door at the victim’s house located in Songpa-gu, Songpa-gu, Seoul; and (b) carried out one 18 km 100,000 won

Accordingly, the Defendant destroyed the property and stolen the property by infringing upon the residence of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (Attachment of photographs of seized articles), investigation reports (Attachment of site exploration and photographs), investigation reports (Attachment of victim D's written statements of damage), investigation reports (applicable to investigation reports of suspects) and investigation reports;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment (abstinence, an option of imprisonment), Article 366 of the Criminal Act (a point of destroying property, a choice of imprisonment with prison labor), Article 319 (1) of the Criminal Act (a point of intrusion upon residence, and a choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment and punishment provided for in larceny against victim F who is the largest one);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [unfavorable circumstances] / The defendant inflicted upon another person’s residence after larcenying and destroying a stolen and cutting lock, and thereby making it possible to capture and theft. In light of the content and method of the crime, even though there was a record of being punished for the same kind of crime, it is advantageous to the fact that each of the larceny crimes, etc. of this case has been committed again despite the fact that the crime was committed due to the poor nature

arrow