logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.06.28 2016고단1067
특수절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of obstructing the performance of special official duties by the District Court of Jung-gu, which became final and conclusive on June 25, 2015, and is currently under the suspended sentence.

Criminal facts

1. On April 15, 2016, the Defendant committed a crime on April 15, 2016, at around 01:03, the Defendant destroyed a glass window for the purpose of theft of money and goods from the senior party managed by the Victim D, located in C, and attempted to steals cash into a safe, which was intruded into the inside, but the Defendant failed to commit an attempted crime due to no door by a safe.

2. A crime committed on April 20, 2016;

A. On April 20, 2016, the Defendant infringed on a structure and damaged property: (a) around 19:00 on April 20, 2016, the Defendant exceeded the fenced walls for the purpose of cutting off the goods in the GG in charge of the management of the victim F, and opened a window and entered the building after cutting down the windows of the building in question on the market price due to the stone. (b) A thief Defendant: (a) intruded the building in the same manner as the above paragraph (a) at the time and place; and (b) stolen the building with an electric wires of 300,000 won at the market price managed by the victim F, who was on the floor of the office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and D;

1. A report on investigation (related to salvaging);

1. On-site reports on results of field identification and replies of the results of fingerprint appraisal;

1. Application of Acts and subordinate statutes on field photographs, scams of scams, and flagic pictures taken;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 331(1), 342 of the Criminal Act (the attempted special larceny), Article 329 of the Criminal Act (the purpose of Section 329), Article 366 of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon a structure, the choice of imprisonment), and Article 319(1) of the Criminal Act (the point of destroying property and the choice of imprisonment) of the choice of punishment;

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. The Defendant committed each of the instant crimes during the period of suspension of execution for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigated the amount of punishment, risk of committing the instant crimes, motive for committing the instant crimes, circumstances after committing the instant crimes, degree of damage, and damage.

arrow