logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.09.01 2016고단1850
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 12, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Daejeon District Court Hongsung Branch on April 12, 2016, and the judgment became final and conclusive on July 21, 2016.

1. On August 23, 2015, the Defendant stolen tobacco equivalent to 3.50,000 won at the victim’s market price owned by the Defendant at the 1st floor restaurant in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with a face value of 10,000 won or more.

2. On February 2016, 2016, the Defendant: (a) committed a theft with a single bicycle at the market price lower than the victim F, on the front of the Hongsung-gun E on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A written statement of G and D;

1. Reports on internal investigation (ctv related investigations, such as the form of crime for use);

1. Investigation report (related to verification of DNA and fingerprints);

1. Photographs of the crime scene, and the appearance of the suspect before and after the crime;

1. On-site photographs and field photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (reports prior to disposition, results confirmation reports, and confirmation reports on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes to judgment, summary information and inquiry of case information;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37 and Article 38(1)2 of the Criminal Act is that the defendant has the intention to commit the crime of this case, the amount of damage from the crime of this case is not so significant, and some damage items have been returned to the victim.

In light of the fact that the crime of this case and the judgment of larceny should be considered at the same time, etc., under favorable circumstances to the defendant, the defendant committed the crime of this case again within a short time after being punished by a fine for the same kind of crime on July 28, 2015, and the victims who did not agree with the victims want to be punished, etc. are disadvantageous to the defendant, such as the defendant's age, character and conduct.

arrow