logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.18 2017고단1792
야간건조물침입절도등
Text

As to the crime No. 1 of the judgment of the defendant, the punishment of imprisonment with prison labor for four months, for the crime No. 2 of the judgment, and for the crime No. 3 of the judgment.

Reasons

Punishment of the crime

On May 26, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in Seoul Western District Court on October, 2017 and the judgment became final and conclusive on June 3, 2017.

1. On June 2, 2017, around 00:15, the Defendant: (a) intruded into a man-made extraction room operated by the victim D in Mapo-gu Seoul Metropolitan Government on June 2, 2017; (b) put a white clothes (materials of steel company) possessed in advance on the lower side of the cash exchange door into a crepan; (c) cut off with a door by cutting the hand; and (d) cut off with a cash 1 million won (5,00 won, KRW 200) owned by the victim.

2. On June 10, 2017, the Defendant intruded into a string of the figures as described in paragraph (1) in the same manner as indicated in paragraph (1) around 13:57, on the ground that he/she would steals cash.

3. From Jun. 12, 2017 to Jun. 17:00 on the same day, the Defendant: (a) committed theft on the 21st room of “G” located on the first floor in Mapo-gu Seoul Mapo-gu Seoul (FF) from Jun. 12, 2017 to Jun. 17:00; (b) committed theft with a portable radio department (a portable abandonment) in a white KT lele, the market value of which was owned by the victim who was on a book display.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Seizure records;

1. Each video;

1. Application of the statute governing the photograph of the damaged material

1. Relevant Article 330 of the Criminal Act concerning the crime, the choice of punishment (a thief by intrusion upon a structure at night), Article 319 (1) of the Criminal Act (a point of intrusion upon a structure, choice of imprisonment with prison labor), Article 329 of the Criminal Act (a point of section 329 of the Criminal Act, and choice of imprisonment with prison labor);

2. Subsequent to Article 37 of the Criminal Act in the course of dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) of the Criminal Act (inter-Korean between night structures intrusiond, larceny, larceny, etc. and larceny, etc., the judgment

3. Grounds for sentencing as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed by grave larceny).

1. A favorable circumstances: A crime committed in an open place, in which the defendant shows an attitude against all the misunderstandings, and each structure intrusion is committed;

arrow