logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.18 2018고단5900
절도
Text

A defendant shall be punished by imprisonment for four 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

1. On June 10, 2018, around October 10, 2018, the Defendant, at the “E convenience store” located in Michuhol-gu Incheon, Michuhol-gu, Incheon, used the gaps in which the surveillance of the victim F was neglected, thereby putting the victim F in an air cream, and b2,750 won of the market price owned by the victim in the display stand, including 2,750 won of the total clobs, clobsing 2,750 won of the market price in the display stand, and stolen it.

2. On June 17, 2018, the Defendant committed the crime, at around 10:40 on June 17, 2018, with articles worth KRW 10,000, totaling 1 cans, etc. equivalent to KRW 4,000, at the place indicated in paragraph (1) around 10:40 on June 17, 2018.

3. On August 9, 2018, the Defendant, at the place indicated in paragraph (1) around 09:26, around August 9, 2018, stolen the Defendant with an object equivalent to KRW 10,70 in total, 2, etc. of the victim’s market price at around 09:26, with an object equivalent to KRW 3,90,00, 390.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A receipt for damage;

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

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by larceny on August 9, 2018, the largest punishment for concurrent crimes)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes (determination of types), thief crimes, thief for general property, thief for general property, and 2 (Special Larceny) for mitigation elements: Non-exclusive of punishment [the scope of recommending punishment] [the scope of recommending punishment] from 4 months to 10 months (the scope of mitigation);

C. The standards for handling multiple crimes: April to June 10 of imprisonment (the lowest shall be four months, which is the lowest limit of the scope of sentence for the basic crime, and the upper limit shall be ten months, which is the maximum of the scope of sentence for the basic crime, 1/2 of the upper limit of the scope of sentence for the first concurrent crimes and 2 concurrent crimes.

arrow