logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.10.24 2015고단1039
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:10 on March 12, 2015, the Defendant, without the consent of the victim, opened and intruded the Ftel 303 of the victim E in Yansan-si, Jeonju-si, the Defendant, without the consent of the victim, opened and intruded the door by using the password of the above officetel entrance that the Defendant had already known, and loaded in the taxi that opened in advance the Samsung television 1,930,000 won in total, the market value of the victim’s ownership, such as the Samsung television 1, computer 1, telephone 1, and 2,000 won in total.

As a result, the defendant invadedd the residence of the victim jointly with C, and stolen the victim's property jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The suspect interrogation protocol of the defendant and C by the police;

1. Each written statement E and C;

1. Application of each investigation report, photographic statute;

1. Relevant legal larceny for a crime: The point of entering the joint residence under Article 331 (2) and (1) of the Criminal Act: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act / [the scope of recommending sentence] / [the grounds for sentencing under Article 62 (1) of the suspended sentence] / [the grounds for sentencing] / [the scope of recommending sentence] / mitigated area ( August to January 6) for general property / [the person who is specially mitigated] living-type crimes [the person who has been sentenced] / special larceny for whom the sentencing guidelines are set and the crime of violating the Punishment of Violences, etc. Act on the Punishment of Violences, etc. due to intrusion upon residence for which the sentencing guidelines are not set

The crime of each of the crimes of this case committed by the defendant who intrudes on his residence jointly with another person for six months of imprisonment or two years of suspended execution, and steals goods.

However, the defendant was in conflict with the victim, the amount of damage is not much, and the defendant was given birth at present.

arrow