logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.03.23 2016고단186
절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to ten months of imprisonment for attempted larceny or intrusion upon residence at the Jeju District Court, and completed the execution of the sentence in the Jeju Correctional Institution on March 30, 2015, during the period of repeated crime at the end of the term of punishment on March 30, 2015, and is still serving eight times the same criminal records.

Around 15:20 on January 14, 2016, the Defendant intruded into the house through an open kitchen, which was held in the house of the victim D in Seopopo City C, and then attempted to take the part of the victim’s clothes, which were in mind of theft of property, after having followed the clothes of the victim who was faced with his/her clothes, in mind of theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Relevant photographs;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of criminal records of the same kind of crime and reporting during the period of repeated crimes), and application of Acts and subordinate statutes to investigation reports (related to the expiration date of the final term of punishment);

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 319(1) and 342 and 329 of the Criminal Act (the point of intrusion upon residence), and Articles 319(1) and 329 of the Criminal Act; Selection of imprisonment;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Aggravation of concurrent crimes: It shall be decided as per the disposition for not less than the reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

The reason for sentencing (within the scope of the sentencing guidelines) (the basic area of larceny: 1 year -2 favorable circumstances in June 1 year: the attempted larceny is limited to the attempted larceny, and the circumstances unfavorable to the sources of punishment (see, e.g., evidence 19): A majority of the same repeated crimes, and criminal records of the same kind.

arrow