(영문) 서울서부지방법원 2018.03.21 2017고단3877

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.03.21 2017고단3877

절도등

Text

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

However, 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

around 08:15 on December 3, 2017, the Defendant: (a) resided in Mapo-gu Seoul Metropolitan Government 3rd floor; (b) opened a 4th floor door from the 5th floor to the 4th floor through stairs; (c) opened the 4th floor from the 5th floor to the 4th floor; and (d) opened the 416 front corridor where the victim E resides in the 416th floor, using the cresh in which the said victim was located in the 416 front corridor, the Defendant used the 416 front corridor in which the said victim was located in the 416 front corridor; (d) 13/19,00,00 won; (e) 2/day, 200,000 UN No. 2; (e) 5/day, 100,000 won passport and passport of the victim; (e) 1/70,000 won passport of the victim; and (e) 1/70,00,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Police seizure records;

1. Application of the CCTV image-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The assertion and judgment of the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and the fact that the defendant had no intention to acquire unlawful profits in light of the following: (a) there was a misunderstanding of goods left by a foreigner-friendly Gu to the defendant; (b) brought about capitals; and (c) without opening capitals

The argument is asserted.

However, if the defendant was aware of the 4th floor of the 4.16th floor of the drinking water, and the defendant confirmed that he was not his room before 416 and returned to his own room, there is no room for misunderstanding that the victim's Capital in the front corridor No. 416 will be left to the defendant's friendship, and then the victim's Capital in the front corridor No. 4. 416 will be cut to the defendant's living room.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제329조

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