logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.03.08 2019고단182
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 05:03 on December 21, 2018, the Defendant: (a) opened the clothes 131 using the key owned by the Defendant; and (b) cut off one set of 40,000 won at the market price of KRW 160,00,000, which includes one set of 160,000 of the market price owned by the victim D, and one set of 40,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 2, 3) and each investigation report (No. 11, 12)

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 329 of the Criminal Act;

1. Application of the sentencing criteria [Scope of recommending punishment] The basic area (six months to one year and six months) of the theft of general property (general larceny) (special person)

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the various sentencing factors as shown in the pleadings of the instant case, including the circumstances after the commission of the crime.

D. Unfavorable circumstances: The defendant had a large number of same kind of power including that he was sentenced to one year to imprisonment with prison labor due to theft crimes in around 2015, and the circumstances favorable to the defendant who was unable to get used from the victim: The defendant shows his attitude to reflect on the crime of this case; the amount of damage is a relatively small amount, and the damage is partially recovered.

arrow