logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.10.04 2018고단1457
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six 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. Intrusion upon residence and theft;

A. On June 26, 2016, at around 12:05, the Defendant discovered that she was placed at the house house of the Cheongju-si B and the victim C, opened any gate which is not set up, and intrudes upon the victim’s residence, and cut off with two panty panty 20,000 won at the market price managed by the injured party, who was immediately set up.

B. On July 2, 2016, at the same place as the preceding paragraph at around 17:15, the Defendant discovered that he/she was infected with the clothes for women’s use in a prompt fashion, and that he/she stolen 2,00 won of the market price, which is managed by the damaged person, by extending to outside the wall.

2. At night, on July 2, 2016, the Defendant: (a) opened a gate not set up at the same place as Paragraph (a) on July 2, 2016; (b) invaded upon the victim’s residence; and (c) opened a panty panty over 10,000 won at the market price, which is equivalent to 10,000 won at the rapid rate.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C's report on damage;

1. Photographs of the scene of crime;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act on the selection of punishment (the thief who intrudes upon residence at night), Article 329 of the Criminal Act (the intention of Section 329), Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of each imprisonment), Article 319 (1) of the Criminal 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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined as ordered by considering the following circumstances.

It is not good to commit a crime, such as theft of clothes by intrusion upon another person's residence at night or during night, and there is a record of punishment twice for the same crime, and the victim.

arrow