logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.08.29 2019고단980
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Justice] On September 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for habitual larceny in the Goyang Branch of the District Court of the Republic of Korea on September 29, 2016, and completed the execution of the sentence in a medical prison on February 1, 2017.

【Criminal Facts】

1. On April 1, 2019, around 10:25, the Defendant: (a) laid down one bicycle set of KRW 50,000,000 at the back side of the commercial building in Gyeyang-gu, Goyang-gu; (b) the victim C-owner of the building located therein; and (c) stolen the bicycle set of KRW 50,00,000 at the market price.

2. On April 1, 2019, around 10:35, the Defendant: (a) committed a theft by getting off one bicycle in the market price, the victim E-owned at a bicycle storage room located in Goyang-gu, Goyang-gu; and (b) cutting off one bicycle at the victim E-owned market.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Dried photographs by using methods and by cutting off on-site CCTVs;

1. Previous convictions: References to criminal records and the application of Acts and subordinate statutes concerning personal confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

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

(a) Aggravation factors for the larceny of general property [Type 2] general larceny [Special Aggravation]: Aggravation area of the same kind of repeated crime [Recommendation Area and Recommendation Scope], and 10 to 2 years imprisonment with labor for the same kind of repeated crime which does not fall under the aggravation of specific crimes;

(b) Aggravation of Second Crimes (Determination of thief) (Determination of Punishment): Aggravation of the thief (Type 2): General thief [Special thief] general thief (special stief]: Penalty area of the same kind of repeated crime (the scope of recommending area and recommending punishment) which does not fall under serious crimes Aggravated Punishment, and ten to two years of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Ten months to three years (the maximum limit of crimes No. 2) of imprisonment;

3. The defendant who made a decision on sentencing recognizes and reflects the crimes.

The benefits that the defendant has acquired by committing the crime.

arrow