(영문) 광주지방법원 2014.01.16 2013고단1027

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.01.16 2013고단1027

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 16, 2010, the Defendant was sentenced to one year of imprisonment with prison labor, etc. at the Gwangju District Court for the fabrication of official documents, etc., and completed the execution of the sentence on February 18, 201.

【Criminal Facts】

At around 01:00 on January 9, 2013, the Defendant infringed on the victim C’s room located in Gwangju-dong-gu DPC, Gwangju-gu, by means of one-story glass window that was not corrected, and stolen 14,000,000 won of cultural product right (30,000 won, 13,000 won, 10,000 won, 14,000 won, which is the total market value of the victim’s ownership, from the withdrawal machine of cultural product right on the spot.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. A written statement prepared in C;

1. Previous records: Application of criminal records and other inquiry reports, investigation reports (verification of the date of release from a repeated crime and reporting of the date of release from a repeated crime), and statutes;

1. Article 330 of the Criminal Act applicable to the crimes and Article 330 of the Election of Imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant was punished several times for a crime of the same kind, and in particular, even though the execution of the sentence is not a crime of the same kind but is completed due to the crime of forging public documents, repeating the crime of this case even during the repeated period, and there is no other material to find that the defendant has made efforts to recover from damage through an agreement with the victim until now, it is inevitable to punish the defendant strictly.

However, in full view of the following factors: (a) the Defendant was aware of and against his mistake in the investigative agency; (b) the amount of damage in this case is a total of KRW 400,000,000; and (c) the motive, means and result of the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age, character, conduct and family environment

참조조문

-형법 제35조

-형법 제330조

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