logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.08.17 2018고단315
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On April 28, 2016, the Defendant was sentenced to one year of imprisonment for special larceny at the Daegu District Court, and the remaining sentence was exempted on August 13, 2016, and the execution of the sentence was terminated in Daegu Prison.

[Criminal facts]

1. On May 15, 2018, from around 20:00 to around 06:00 on May 16, 2018, the Defendant: (a) used the gap in the orchard field of the victim C located in D when residing permanently from around May 15, 2018 to around 06:00 of the same month; (b) used the gap in which there is no victim; and (c) used the gap in which the victim’s market price is 4.50,00 won in total,

2. On May 23, 2018, around 01:56, the Defendant: (a) committed theft against the Victim F, while on board H cargo vehicles parked by the Victim F in the front public parking lot of G at permanent residence on May 23, 2018; (b) committed a theft of the Defendant’s E-mail vehicle, citing two SS equipment transport ladders in the aggregate amounting to KRW 1,150,000 in the market price owned by the Victim F; and (c) one initial vehicle in the towing period.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Photographs of seized articles;

1. On-site reports (Attachment of On-site photographs), investigation reports (on-site tracking of moving vessels throughCCTV images);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and application of Acts and subordinate statutes to report on investigation (where such convictions are attached to the previous convictions);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing (Scope of recommending punishment) [Scope of recommending punishment] Scope of final punishment due to the aggravation of multiple repeated crimes committed by the same species: Six months to one year; and

2. The Defendant, who has been sentenced to a sentence of imprisonment one time due to the same kind of larceny, has a record of being sentenced to a fine one time, and there is a high possibility of misunderstanding the same crime in approximately two years after being released.

Until now, the victims did not agree with them.

However, the defendant himself.

arrow