(영문) 부산지방법원 2018.06.27 2018고단1674

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.06.27 2018고단1674

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On January 22, 2014, the Defendant was sentenced to five months of imprisonment with prison labor for attempted larceny, etc. at the Busan District Court, on August 29, 2014, and was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Jeju District Court on September 29, 2016; on September 29, 2016, the Seoul Southern District Court was sentenced to one year of imprisonment with prison labor for larceny, etc. and three hundred thousand won of fine; on May 30, 2017, the Defendant was sentenced to three times of imprisonment with prison labor for larceny.

[2] On April 17, 2018, at the E convenience store operated by the victim D located in Busan District, Busan District, around 22:50 on April 17, 2018, the Defendant stolen tobacco 1 by means of gathering 4,500 won of the victim’s market price, which is the victim’s 4,500 won, and 4,500 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

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

1. On-site CCTV CDs;

1. Photographs of damaged articles;

1. Previous convictions: In light of the following circumstances: (a) inquiry about criminal history, investigation report (whether Article 5-4(5) of the Act applies to the Defendant and his defense counsel) / (b) the Defendant alleged to the effect that the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime under the influence of alcohol; (c) the background and method of committing the crime revealed in the police interrogation protocol against the Defendant; (d) the Defendant’s act and circumstance before and after, and after, the Defendant stated the aforementioned crime; and (d) the existing method of committing the instant crime is not significantly different from the instant case, the Defendant had no or weak ability to discern things at the time of committing the instant crime.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

유사 판례

-부산지방법원 2018.6.27.선고 2018고단1674 판결

-수원지방법원 2015.09.07 2015고단1541

-인천지방법원 2016.03.10 2016고단264

-의정부지방법원 2013.09.30 2013고정1465

-서울남부지방법원 2019.09.05 2019고단3714