logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.13 2016고단6156
야간주거침입절도
Text

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

Seoul Central District Prosecutors 2016.No. 4921. No. 5.

Reasons

Punishment of the crime

1. On July 7, 2016, the Defendant: (a) around 20:35, 2016, at the victim C’s house located in Seocho-gu Seoul Seocho-gu Seoul Seocho-gu D lending 102, the Defendant: (b) opened a window and intruded into the house; and (c) opened a string of the strings owned by the victim, one half of the strings, one one of the strings, and two of the ears, one of the 60,000 market prices, which included a bad string of 60,000 won.

2. On July 28, 2016, at around 19:52, the Defendant: (a) opened a beer window and intruded into the house E with the victim E located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government F Building 102; and (b) cut off the victim’s 18K gold posts equivalent to 2.5 million won in the market price owned by the victim located in the small area of the cremation unit; (c) 18K gold posts equivalent to 2.5 million won in the market price; (d) 2 young trees equivalent to 100,000 won in the market price; and (e) 100,000 won in the market price; and (e) 100,000 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of C and E;

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

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act, even though the defendant had been punished for a suspended sentence of imprisonment due to the same type of larceny and stolen crimes in the past, recidivism was committed.

Although the extent of damage caused by the defendant's crime is not small, the damage has not been restored until now.

In light of these circumstances, the responsibility of the defendant is heavy.

However, in such unfavorable circumstances, the sentencing criteria shall be taken into consideration in favor of the defendant when the defendant led to the confession of the facts of the crime. However, the sentencing criteria shall be taken into consideration in full view of the circumstances, such as the defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

arrow