logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.09.30 2016고단1184
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four 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

1. On April 30, 2015, the Defendant attempted to larceny at night buildings: (a) around 01:00, at the Daegu Western-gu B; (b) before the victim C’s “D” under the jurisdiction of the victim C, the Defendant discovered a camera installed in the said warehouse while walking away the tent of a warehouse for storing goods installed in front of the said store; and (c) impairing the said warehouse with stolen goods; and (d) cutting down the crime.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

2. On May 30, 2016, around 01:10 on May 30, 201, the Defendant: (a) intruded into the victim’s warehouse in the manner described in paragraph (1) at around 01:10, and stolen food of an amount equivalent to KRW 44,300, totaling 1,300, the market price of kimchi launching 19,200, which was owned by the victim and was kept there.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. The application of Acts and subordinate statutes to each investigation report (such as the return of damaged articles, the attachment of data by cutting down CCTV images for the crime in 2015, the attachment of data by cutting down the CCTV images for the crime in 2016, and the application of internal investigation reports (Attachment to the specifications of transactions);

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the points of larceny at night) Articles 330, 342, and 330 (the points of attempted larceny by intrusion upon residence at night);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant has no criminal history, the recognition and reflect of all crimes, the amount of damage, the age, sex, environment, circumstances of crimes, etc. of the defendant);

arrow