beta
(영문) 인천지방법원 2015.01.30 2014고단6721

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 21, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Incheon District Court for 8 months, and was sentenced to eight months of imprisonment with prison labor for special larceny at the Incheon District Court on October 11, 2012, and the judgment became final and conclusive on February 15, 2013, and the sentence of the said suspension was invalidated, and the execution of the said sentence was terminated on May 19, 2014.

On May 28, 2014, the Defendant, at around 21:40, took advantage of the gaps in which the victim C is under the influence of alcohol at “family park” located in Seo-gu Incheon, Seo-gu, Incheon, 406-ro 10,000, cut off one of the unclaimed landets in the market price, which includes KRW 2,30,000 in cash in the victim’s sane and driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. CCTV dyshot photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the status of individual identification and confinement);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. A repeated crime of the same kind, not falling under an aggravated area (10 months to 2 years), of the aggravated area (10 months to 10 years), of general property, within the scope of the recommended sentence according to the sentencing criteria (the scope of recommending punishment);

2. Determination of sentence of this case acknowledges and reflects the crime of this case, and the fact that the amount of this case's theft is not high is advantageous to the defendant, even though the defendant had been punished several times for the same crime, the defendant committed the crime of this case during the period of repeated crime, and the fact that the defendant did not repay damage is not paid due to unfavorable circumstances, and the punishment is determined as ordered in consideration of the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.