logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2019.07.05 2019고단104
특수절도
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 22, 2019, the Defendant: (a) around 03:38 on March 22, 2019, the fire extinguishers kept on the passage of the corridor was collected from the above upper glass, and broken it up.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant, at the place under the preceding paragraph, laid his hand in a cresh of a crepan glass, such as the preceding paragraph, was rhymd and rhumd the display stand at the beauty shop.

Accordingly, the Defendant invadedd the room possessed by the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 369(1) and 366 of the Criminal Act that choose a penalty, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, has a number of criminal records of multiple violence and has been sentenced to a suspended sentence of imprisonment for a period of three years or more, shall be selected to be sentenced to imprisonment;

However, the execution of punishment is suspended in consideration of the fact that there is no significant damage caused by crime and the agreement with the victim.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the records, such as the defendant's age, character and conduct, environment, occupation, family relationship, etc. and various sentencing conditions shown in the trial process.

The acquittal portion

1. On March 22, 2019, the Defendant: (a) around 03:38 on March 22, 2019, around 03:38, 2019, at the 'D' interview with the victim C’ of the first floor of B commercial building in the hallway, the Defendant laid the fire extinguishers on the passage of the corridor and broken it out, and entered the room, thereby leaving 2,00,000 won in total at the market price of the victim’s possession.

Accordingly, the defendant is at night.

arrow