(영문) 서울동부지방법원 2016.10.13 2016고단2625

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.10.13 2016고단2625

야간건조물침입절도

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2016, at around 21:29, the Defendant: (a) opened and intruded into the guard room of the apartment complex of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul; (b) and then, (c) laid down one of the victim D’s friendly acid owned by the victim and two of the market price of shampoo and ampoo in an amount equivalent to 15,900 won, which is owned by the victim’s name-free boxes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and D;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to one year and June, all types of theft and exemption areas (up to one year and six months) (up to eight months) (up to one year and six months): Where a person has intruded into places other than indoor residential spaces (up to four types);

2. Determination of sentence: (a) considering the fact that the Defendant had been sentenced to suspended sentence for attempted larceny before about 21 years prior to the sentence, due to the extenuating circumstances against the Defendant; (b) the damage resulting from the instant crime is minor; (c) the injury was partially recovered due to the seizure; (d) the circumstances leading up to the commission of the crime; (c) the circumstances leading up to the commission of all crimes in an investigative agency and a court are considered as favorable to the Defendant; and (d) taking into account the circumstances favorable to the Defendant, such as the Defendant’s age (72 years old); and (e) taking into account the conditions of sentencing as indicated in the trial process of the instant case

참조조문

-형법 제62조 제1항

-형법 제330조

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