logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.12.26 2018고단1000
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 9, 2018, the Defendant opened the entrance by using the key of the entrance in front of the “D” operated by the victim C at the time of Sgallon, around 23:00, and entered the entrance inside the entrance at the opening, and used the entrance in front of the entrance at the time of Samsung Gallon, the market price of which is equivalent to KRW 1,155,00,000 owned by the victim and KRW 396,00,000 in the market price of Samsung Gallon, the Defendant she she sawed one of Samsung Gallon, which is equivalent to KRW 1,15,00.

Accordingly, the defendant invadedd the victim's structure at night, and stolen two mobile phones owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Police seizure records;

1. Reporting on occurrence of a disaster;

1. Reports on internal investigation (investigation of victims, etc.);

1. Application of Chapter II Acts and subordinate statutes to a written estimate on two mobile phones stolen;

1. Article 330 of the Criminal Act concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the scope of the punishment [the scope of the punishment] for general property, when the area of special mitigation (the area of four months to one year and six months) (the special mitigated person] intrudes into any place other than indoor residential space (the type four), and the amount of punishment not imposed;

3. Determination of sentence is against the Defendant’s recognition of the instant crime, damage was returned to the victim, there was no record of punishment for the same kind of crime, the Defendant’s age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc., and the sentencing guidelines for the Supreme Court sentencing commission, etc. shall be comprehensively taken into account and determined as ordered.

arrow