logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.23 2016고단5574
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2016, the Defendant: (a) around 03:31, 201 on July 10, 2016, at night, stolen structures; (b) around 03:31, 2016, the Defendant: (c) opened and intruded the temat set of the instant marina warehouse that was not corrected; and (d) stolen with things equivalent to KRW 150,000 in total market value of the victim’s ownership, which was kept in custody at the same place, at the expense of KRW 10,000,000 in total.

2. On July 12, 2016, the Defendant: (a) intruded into the Maart warehouse at night on July 12, 2016 at around 04:19, and stolen the 60,000 square meters of the market price owned by the victim D, by entering the Maart warehouse at around 04:19 in the aforesaid manner; and (b) was stolen.

3. On July 22, 2016, the Defendant: (a) intruded the places described in the foregoing paragraph (1) by the said method around 03:55 on July 22, 2016; and (b) stolen the victim’s property at KRW 1 boxes in an amount equivalent to KRW 40,000 in the market price of KRW 54,00,00 in the victim’s D; (c) one ball 1 boxes in an amount equal to KRW 54,00 in the market price; and (d) eight drinking water in an amount equivalent to KRW 8,00 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 330 of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (in depth of the crime and the fact that the victim is not subject to the punishment of the defendant) of the suspended execution [Scope of recommending punishment] Crimes of Type IV (4 to 1.6 months) of the Special Mitigation Zone (4 to 1.6 months) of the Criminal Act (Special Mitigation Zone) of the thief in general property, punishment not to be imposed (decision of sentence] 6 months of imprisonment and 2 years of the suspended execution;

arrow