logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.11.22 2018고단1802
야간건조물침입절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 1802"

1. On August 9, 2018, at around 01:40, the Defendant: (a) parked a car with the Defendant’s clothes in the vicinity of the clothes operated by the victim C in Yansan-gu, Jeonju-si; and (b) stolen the Defendant’s goods owned by the victim in the aggregate amounting to KRW 1.720,00,00,000, 340, 50,000, and 8.2,000,000,000 won of the market price, and 1.72,000,000,000,000 won of the market price, and 1,000,000,00 won of the Cheongsan-gu.

"2018 Highest 1944"

2. On August 9, 2018, around 02:40, the Defendant parked the Defendant’s D's D' low-income car on the front of the G clothes operated by the Victim F in Yansan-gu, Seoul Special Metropolitan City, on the road operated by the Defendant, and then stolen the Defendant’s 400,000 won of the market price owned by the victim, which was set up in front of his/her own seat, by carrying in his/her own vehicle the total sum of 200,000 won of the vehicle’s market price.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. C’s statement;

1. CCTV image data, etc. and photographs of damaged articles (the fact under subparagraph 2 of the judgment);

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) In the event of intrusion upon a structure at night (determination of type) larceny (a) No. 4 (Special Sentencing) (a person subject to special sentencing) (a person subject to recommendation and punishment) intrudes into a place other than an indoor residential space; (b) 8 months to 1 year and 6 months (a mitigated area);

B. One type of larceny (a decision on the type of larceny) is the theft of general property (a decision on the type of larceny).

arrow