logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.10.26 2018고단845
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

1. On March 18, 2018, the Defendant: (a) around 02:40 on March 18, 2018, when the victim was in front of the Victim E’s house located in D at night, she opened a building outer wall gas pipeline between the victim’s house and opened a locked window; and (b) intruded into the house, and she saw approximately KRW 1,300,000 in total, such as brings, brings, cosmetics, bags, low-water bags, and clothes.

Accordingly, the defendant abused another's residence at night and stolen the property.

2. On May 2018, at the entrance of the second floor of the place specified in paragraph (1) around May 2018, the Defendant thief cited female panty 1,000 won in total, including the victim’s panty 1, brogate 2, and brogate 1,000 won.

Accordingly, the defendant stolen another's property.

3. On June 2, 2018, the Defendant attempted to larceny at night, and around 03:0, around 03:0 on June 2, 2018, the Defendant: (a) took a gas pipeline of the outer wall in order to steal money and goods from the places indicated in paragraph (1); (b) took a view of sound, and (c) took the window leading to the living room on the second floor, and (d) took a walk back by the victim.

Thus, although the defendant attempted to intrude another's residence in order to steal property, the defendant was not aware of the victim and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police statements of E;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

1. Relevant legal provisions concerning facts constituting a crime and larceny at night in the selection of a punishment: The larceny under Article 330 of the Criminal Act: Article 329 of the Criminal Act; Article 342 of the Criminal Act; Article 342 and Article 330 of the Act;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order is that the defendant intrudes into the house where women live together in order to steals money and valuables three times, and the nature of the crime is not good.

In addition, the damage is not recovered.

arrow