logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.16 2016고단2519
야간방실침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to four years of imprisonment by the Incheon District Court on June 15, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on April 24, 2016.

[2] On May 2, 2016, at around 21:20, the Defendant confirmed that the victim D’s “E” store operated by Bupyeong-gu Incheon, Bupyeong-gu, Incheon, opened a door to the above store office, and then the victim waitings to leave the above store office. However, the victim parked in the parking lot, entered the above office in order to have a mobile phone distribution room for the victim’s car parked in the parking lot, and then stolen the property by putting KRW 145,00 in cash, which was located in the safe, into the Defendant’s main machine, and breaking the room managed by the damaged person at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (in-depth CCTVs);

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report on the previous convictions and repeated crimes of

1. Article 330 of the Criminal Act concerning the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] Larceny for general property: (a) in the mitigated area (from August to one year and six months) (in the case of special mitigation factors) in any place other than indoor residential space, and a repeated crime of the same kind which does not fall under special aggravation [special aggravation factors] special aggravation of punishment;

2. The Defendant, who has been sentenced to punishment for the same crime, has reached eight times, and has not completed the execution of the sentence for the same crime. However, the Defendant committed the instant crime because he/she recognized his/her mistake and reflects it, and the damage caused by the instant crime is relatively minor, and the victim does not want the punishment for the Defendant in agreement with the victim.

arrow