logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.06.19 2015고단824
야간건조물침입절도
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 23:00 on February 24, 2015, the Defendant: (a) opened the above store entrance by using the key of the entrance, set up and intrudeed without returning the entrance; and (b) prepared one cell phone of the victim’s “panx” amounting to KRW 60,00,000 in the market price owned by the victim, which was located in the west; (c) prepared one cell phone of the “panx” amounting to KRW 25,00,00 in the market price; and (d) one handphone charging device amounting to KRW 10,00,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act / [Scope of recommending punishment / [Scope of recommending punishment ] Special mitigation area (4 to 1.6 months) for general property / Where special mitigation area (4 to 1.6 months) / Indoor residential space (4 to : Imprisonment with prison labor for 6 months from April to 16 months (decision of sentencing], and conditions unfavorable to 2 years from the suspension of execution: Theft of property by intrusion on the structure of the victim who had worked at night prior to night;

(k) favorable circumstances: Offenses against one’s own mistake, the fact that the victim has agreed smoothly with the victim, or there is no record of the same kind of or a stay of execution or higher;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

arrow