logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.12.12 2018고단5313
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2018, around 02:18, the Defendant: (a) opened a BMW car knife with the victim C in front of Yangcheon-gu Seoul Metropolitan Government, and entered the vehicle into the vehicle, and (b) cut off the victim’s property over 34 times from May 1, 2018 to July 2018, the Defendant: (c) by using one white bag with the victim’s knife with the victim’s seat; (d) one cash 400,000 won; (e) one cigarette for women; and (e) one female knife women’s kife with the victim’s seat; and (e) by using the same method as the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, F, G, and H;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (the verification of CCTV around the scene of occurrence / the tracking of the moving route prior to the commission of a criminal suspect's name / the tracking of the suspect's moving vessel / the tracking of the suspect's moving vessel (2));

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of CCTV at the scene of occurrence/the second verification of CCTV at the scene of occurrence);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be six months to one year and six months from six months (the general larceny) for general property - The major reason for suspension of execution - The repetition of crimes ( negative) and the efforts to recover damage (affirmative): The grounds for suspension of execution - There are no criminal records of the suspension of execution of execution of sentence or more, and the social relation is clear, serious reflectivity (affirmative);

2. Circumstances unfavorable to the decision of sentence: The defendant has repeatedly committed a crime that steals victims' articles on a vehicle parked during the new wall hours, and the quality of such crime is not easy in light of the method and frequency of the crime;

In May 2018, the Defendant was ordered to suspend indictment for the crime of larceny of the same species, and the summary order was issued on June 2018 for the crime of larceny of the same species.

arrow