logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2016.06.03 2016고단684
절도
Text

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

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for property damage in the Suwon District Court, and completed the execution of the sentence in the Suwon Detention House on April 15, 2016, and completed the execution of the sentence on April 24, 2016.

On April 24, 2016, at around 21:30, the Defendant discovered the EF rocketing car owned by the victim D, which was parked without the door, opened the steering gate and opened it, and opened it, and opened the 144,500 won in total at the market price, one black box, one cell phone charging line, two cell phone charging line, one black stuff, one black stuff, one yellow stuff, one rear stuff, and one electric connecting line.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to victims D;

1. A written statement of the victim D;

1. Police seizure records;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (prior convictions and confirmation of repeated crimes), judgment text, identification of individuals and current status of confinement;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Determination of types: Two types of theft crimes against general property among the groups of larceny crimes;

1. Special sentencing factors: Persons who are not subject to punishment;

1. Scope of recommended punishment: Four months to ten months of imprisonment (the area of mitigation of the type two);

1. A suspended sentence: Illegal - Crimes committed during the period of repeated crimes;

1. Determination on the sentencing criteria (decision of sentencing): Imprisonment with prison labor for three months - Imprisonment for three months, which is lower than the recommended sentence, in consideration of all circumstances, such as the crime during the period of repeated crime, the victim's failure to punish, contingent crimes during the period of repeated crime, serious reflector, social ties (agreement, etc. on the source of punishment), motive and background leading to the crime, circumstances leading to the crime, crime records, the age of the accused, criminal records, sexual conduct, intelligence and environment, and the period of unconvicted detention;

(b) for more than one year.

arrow