logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.03.16 2017고단271
특수절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From around 14:00 on December 10, 2016 to around 09:30 on December 12, 2016, the Defendant: (a) damaged and intruded the entrance door connected to the upper end of the Dong-gu Seoul Building 3rd party D by cutting off the entrance door at a hand, and then cut off KRW 270,000,000 from that time, with a cash of 200,000 won in the Kabter credit cooperative, from that time to January 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G, D, H, I, J, K, and L;

1. Reports on each occurrence of a crime;

1. Each investigation report (in the case of on-site inspections and CCTV investigations, investigation into the same case);

1. A report on the results of identification and the report on the results of field identification;

1. A letter of confirmation of identity and appraisal of each theft case;

1. Application of statutes on site and CCTV photographs, CCTV photographs, and on-site photographs;

1. Relevant provisions of the Criminal Act and Article 331(1) of the Criminal Act (the occupation of special larceny), Article 329 of the Criminal Act (the intention of Section 1), Article 329 of the Criminal Act (the choice of imprisonment), Article 319 (1) of the Criminal Act (the occupation of intrusion on structures, and the choice of imprisonment with prison labor) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines for crimes provided for in subparagraphs 1 through 3 [the scope of the recommended punishment] 4 basic areas (one to two years and six months) of the theft against general property / (the special mitigated person] / (the type 4) where any person intrudes into a place other than an indoor residential space / (the scope of the final sentence due to the multiple aggravated crimes (the special aggravated person) / the scope of the aggravated punishment due to the intrusion into a structure, etc. (the type 4) of night destruction and damage: One year to April, and the scope of the compared sentence with the recommended sentences: One year to July 1: April 1 to July 4;

2. Determination of sentence - The circumstances unfavorable to the accused are repeated crimes, non-refluences from damage, and criminal records of the same kind and four times of punishment, lack of social ties - normal circumstances favorable to the accused.

arrow