logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.04.03 2020고단671
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 23, 2019, the Defendant was sentenced to 10 months of imprisonment by night buildings, intrusion, theft, etc. at the Gwangju District Court on January 18, 202, and completed the execution of the sentence at a wooden prison on January 18, 202.

【Criminal Facts】

1. On February 10, 2020, the Defendant: (a) around 19:25, 2020, entered a nurse room with the entrance opened at “D” located on the second floor of the Seoulnam-si, B and C Hospital, and opened the original department and the entrance by using the keys in the said box; and (b) went into the entrance; (c) cut off the cash amount of KRW 250,000 (the KRW 10,000, KRW 20,000, KRW 1,000, KRW 50,000) managed by the victim E, who was kept inside the original department and the depository.

2. Around February 11, 2020, the Defendant committed the crime at the same place on the same date and around 20:17, Feb. 11, 2020, upon intrusion into the original department by the aforementioned method, and then cut off the 30,000 won c0 won c0,000 won managed by the victim E, who was kept in the custody of the original department.

Accordingly, the Defendant intruded into a structure at night and stolen 280,000 won in cash managed by the victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (CCTV verification and investigation);

1. Previous convictions in judgment: Application of investigation reports (suspect A criminal records confirmation reports)-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the Defendant committed the instant crime during the period of repeated crime, even though he/she had a record of punishment, such as imprisonment with prison labor, on several occasions, even though he/she had been sentenced to a concurrent crime under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, health condition, motive, means and consequence of the crime, etc., are various conditions of sentencing, such as the defendant's age, character and conduct, environment, health condition, motive, means and consequence of the crime.

arrow