logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2016.01.26 2015고단467
야간건조물침입절도등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 31, 2015, the Defendant: (a) committed theft of intrusion upon a structure at night; (b) on May 31, 2015, at the “E” restaurant operated by the victim D while permanently residing in C, the Defendant: (c) opened a back cresh in the victim’s cresh; and (d) intruded into the restaurant into the restaurant, and stolen the victim’s market price of KRW 6,000,000.

2. On June 1, 2015, at around 10:21, the Defendant: (a) opened another entrance at the same place as indicated in the foregoing paragraph 1; (b) and entered a restaurant where the victim D was located; and (c) stolen the victim’s total market price of KRW 94,000,00, such as rice 20 kg and small liquor 20 g, and drinking water 1 bottle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Written statements of D;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes to reports on occurrence of each case, investigation reports and accompanying documents, photographs;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense and Article 329 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and community service and order to attend lectures, is not significant, and the amount of damage in this case is not significant, among which rice spawn was seized, and thus, returned

In addition, the defendant has been detained in this case, and has not been seriously divided, and the execution of punishment is suspended in consideration of the fact that the defendant is a living penalty and a place other than an indoor dwelling space, and the execution of punishment is ordered to be protected, observation, etc. to prevent recidivism.

arrow