logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.09.17 2014고단5108
야간건조물침입절도미수등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

Around 22:00 on November 4, 2014, the Defendant: (a) 22:00, the victim D located in Gwangju Northern-gu Seoul Northern-gu (hereinafter “E”); (b) opened and intruded with the opening door by using the dracker and pins, which was prepared in advance; and (c) arrested the victim with one main computer at the market price of the victim, which is the victim’s ownership; (d) one beer, one beer, one; and (e) 15 km powder at the market price of KRW 150,00,000, and 11 so that he was arrested and arrested the victim.

Accordingly, the defendant tried to steal the victim's property by impairing the victim's structure at night.

On July 12, 2015, at around 01:55, the Defendant: (a) deducted the back-to-date intelligence from the restaurant in his/her hand; and (b) intruded into the restaurant by the victim G located in Gwangju Northern-gu, Gwangju-gu; and (c) stolen it with one resident registration certificate, one student card, one student card, one students card, one student bank physical card of the NH Bank, one cash card of the amount of KRW 100,000 in the market price of which includes KRW 100,000 in cash, and seven-seven,720 in his/her treasury.

Summary of Evidence

[2014 Highest 5108]

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report, photographs of damaged articles, receipt certificates, site, and photographs of damaged articles (2015 Highest 2806);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each protocol of seizure and each list of seizure;

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

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommending sentencing criteria: Imprisonment for not less than four months;

(a) Recommendation type of night-time intrusion and theft:

arrow