(영문) 의정부지방법원 2019.11.29 2019고단3649

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.29 2019고단3649

절도

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2019, around 13:28, the Defendant, at the Government-si B and 1stma, stolen 10 pantys and brotos, wherein the victim C (at the age of 29) had personalized, as her own, followed 10 of the clothes of women, including panty and brotos.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on occurrence of a theft;

1. On-site documentary evidence and photographs of the police officer called for 112 reported;

1. 112 Return disposal slips;

1. Data on the domestic history report-CCTV analysis;

1. Application of Acts and subordinate statutes on CCTV analysis data;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend lecture, according to the sentencing guidelines for sentencing in Article 62-2 of the Criminal Act, the scope of recommending punishment according to the sentencing guidelines for general larceny in general property (type 2) and the basic area (type 6 months to 1 year and 6 months) of the crime of this case is to bring three female clothes and seven pantytytys among the soon past as soon as possible, which are personalized in the Maeropo, and it is not good to commit the crime in light of the details and motive of the crime, and the nature and quantity of damaged goods.

The victim seems to have suffered a lot of mental impulse and suffering as well as property damage due to the crime of this case which stolen clothes on his house.

The Defendant, similar to this case, was punished by a fine of KRW 2 million in 2009 due to the following: (a) the Defendant committed the instant crime, even though he/she had the history of being punished by a fine of KRW 2 million in 200,000 due to his/her residence intrusion and attempted to larceny in the same way in 2009; (b) the Defendant committed the instant crime by committing an attempted larceny, and by committing an attempted larceny, even though he/she had the history of being punished by a fine of KRW 2 million in 200,000 due to the Defendant’s serious punishment corresponding to his/her criminal liability.

However, medical treatment is given to the problem that the defendant follows the crime of this case and steals the clothes of women in the future.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제329조

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