logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.11.11 2014고단818
야간주거침입절도등
Text

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

Reasons

Punishment of the crime

1. Around October 11, 2013, the Defendant: (a) was in the house of the victim C in Kim Jong-si, Kim Jong-si around October 1, 2013; (b) had 10 and 3,000 of the market price of the victim’s possession, which was located there, and stolen with 10 and 3,000 of the market price of the victim’s possession.

In addition, from around that time to April 3, 2014, the Defendant infringed upon another person’s residence over a total of 12 occasions, and attempted to steals property worth KRW 372,90,00, or attempted to steals.

2. On March 10, 2014, the Defendant: (a) around 19:00 on March 10, 2014, went into the house of Victim E located in Kim Jong-si, Kim Jong-si; (b) and (c) went into the house through an open door door beyond the said house door, and went into the house and stolen with two pages of a disturbance equivalent to 12,000 won at the market price of the victim’s possession.

Summary of Evidence

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

1. Statement of each police station;

1. Each written statement of the police;

1. The place of each criminal, the report on the occurrence of the criminal, the investigation report and accompanying documents;

1. Application of the Acts and subordinate statutes on day and day and night time;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 330 of the Criminal Act that allows the choice of punishment (the points of larceny at night), Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment);

1. From among concurrent offenders, crimes No. 1 [the scope of recommending punishment] for the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment ] the mitigation area (8-1-6 months) for mitigation area (8-1-6 months) for general property / [the scope of recommending punishment / [the scope of recommending punishment ] the mitigation area (8-1-6 months) for mitigated area (8-1-6 months) for general property / [the scope of recommending punishment ] the third crimes for living type / [the scope of recommending punishment / the scope of recommending punishment ] the special mitigation area (4-1-6 months) for general property / the special mitigation area (4-1-6 months) for the larceny and the majority who are not receiving punishment.

arrow