logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2020.04.29 2020고단467
야간주거침입절도등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On January 25, 2020, the Defendant attempted to larceny at night, and around 20:32, at the victim D’s house of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (C), the Defendant invaded through open kitchen windows, and attempted to steals property, but did not discover any stolen object.

Accordingly, the defendant did not commit an attempted crime by intrusion upon the victim's residence at night, but did not commit a theft of property.

2. On January 25, 2020, the Defendant: (a) around 20:45, at night, went into the house of the victim GG located in Kimpo-si, Kimpo-si, Kimpo-si; (b) opened and intruded with an unrecovered window bed; and (c) taken out approximately KRW 60,000 won of a coin, the victim’s possession, which was located in the open air, and entered a small bank, and 10,000 won, the victim’s possession, who was located in the open air, carried out one copy of the closed 10,000 won.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. Application of Acts and subordinate statutes to field photographs, field photographs, photobookbooks, accompanying seized articles subject to investigation reports, and photographics of seized articles;

1. Article 330 of the Criminal Act and Articles 342 of the same Act concerning the applicable criminal facts and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the probation and community service order had been sentenced to criminal punishment for the same kind of crime, a larceny has again been committed, and in particular, the defendant is not subject to the liability for the attempted theft or theft of property by intrusion upon a residential space.

However, one of the crimes committed by the defendant was attempted, and the damage amount of the crime committed by the defendant was also difficult to be considered as high in light of social norms.

The victims do not want to be punished by the defendant by endeavoring to recover damage, and the defendant G.

arrow