(영문) 대구지방법원 경주지원 2018.11.14 2018고단661

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2018.11.14 2018고단661

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 26, 2018, the Defendant: (a) around 12:44 on September 26, 2018, at the “F 'F' clothes for the operation of the Victim E, the Defendant: (b) took away the victim’s property by having 100,000 won, which is the victim’s possession in the said knife, located in the said knife town; (c) 2, 5,000 won gift certificates; (d) 2, 5,000 won gift certificates; (e) 2, 5,000 won gift certificates; and (e) 13,00 won gift certificates; and (e) 40,000 won gift certificates; and (e) 13,000 won gift notes.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommending punishment] The mitigated area (one-month to ten-month) of the theft Act for general property [the person who is subject to special sentencing] [the person who is subject to special sentencing] is not subject to the nature of the crime in that the defendant again committed the crime in this case even though he had a large number of criminal records for the same kind of crime.

However, in full view of the following factors: (a) the Defendant appears to have not good mental and physical health condition; (b) the Defendant appears to have served as a cause for the instant crime; (c) the Defendant appears to have served in depth during the period of reduction; (d) the Defendant agreed with the victim, and (e) the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime; and (e) all the sentencing conditions indicated in the record, including the Defendant’s age, sex

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제329조

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