(영문) 의정부지방법원 고양지원 2015.12.29 2015고단2200

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2015.12.29 2015고단2200

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

At around 16:00 on July 18, 2015, the Defendant: (a) stolen, with 1,000,000, the victim E, who was on the off the offline of the above office, with a 1,000,000 won of the market price owned by the victim E, which was on the offline of the above office.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each investigation report (to hear statements by a victim's telephone, and to conduct the suspect on the day of the case);

1. Application of the Acts and subordinate statutes concerning seizure records and evidence of seizure;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant committed the instant crime without going against the period of probation, despite the fact that not only several juvenile protective orders have been given a judgment of probation, but also committed the instant crime for the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act, the risk of recidivism is high, and thus, the need for strict punishment against the Defendant exists.

However, it cannot be deemed that the value of the damage caused by the instant crime is high, and even if the agreement was not reached, the damage was restored as the damage was returned to the victim.

In light of the Defendant’s age, the amount of damage caused by the instant crime, etc., which appears to be somewhat harsh, the Defendant shall be given an opportunity and a fine shall be selected and punished by taking into account favorable circumstances, and the punishment shall be imposed.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, the punishment as ordered shall be determined in consideration of the circumstances after the crime was committed.

참조조문

유사 판례

-서울중앙지방법원 2021.04.13 2021고단1147

-서울동부지방법원 2013.08.29 2013고단890

-서울고등법원 2016.05.13 2015노3318

-수원지방법원 2013.12.18 2013노3829

-광주지방법원 2013.07.03 2013고단2096