logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.04.24 2013고단504
야간주거침입절도등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 7, 2012, at around 04:21, the Defendants’ co-offenders discovered a bicycle by TriS, the victim D, and Defendant A, who was in possession of the said bicycle with a cutting machine, brought the bicycle. Defendant B brought the bicycle.

Accordingly, the Defendants, together, stolen the above bicycle amounting to the market value of 300,000 won.

2. On October 4, 2012, around 04:58, Defendant A intruded into a corridor via a glass door where a locking device was installed, which was opened in the Southern-gu Incheon Metropolitan City E room.

피고인은 위 원룸 3층과 4층 사이 복도에서 피해자 F 소유의 스캇서브 자전거를 보고 소지하고 있던 절단기로 위 자전거에 부착되어 있던 쇠줄자물쇠를 자르고 가져갔다.

As a result, the defendant invaded upon another's residence at night, and stolen the above bicycle amounting to KRW 500,000 at the market price.

Summary of Evidence

1. Defendants’ legal statement

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

1. Seizure records;

1. Application of Acts and subordinate statutes to caps photographs, bicycle photographs, investigation reports (Attachment to the styp image data of styphographs);

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Articles 331(2) and (1), and 330 of the Criminal Act: Article 331(2) and (1) of the Criminal Act;

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

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., that the Defendants were the first offender, that the Defendants did not wish to punish by mutual consent with some victims, and that they are against the law);

1. Defendants who hold a suspended sentence: Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. Defendant A of a community service order: Article 62-2 (1) of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

arrow