logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.05.08 2018고단19
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 16, 2017, the Defendant, in the state that he was unable to decide on intention or to discern things due to the Cho-dong disorder, etc., the Defendant, around November 16, 2017, around 09:15, the victim E, the head of the above store in the vicinity of the "D" store located in Busan Northern-gu, Busan, performed work in the store, and the Defendant carried out one balcony box in the area of 18,000 won at the market price displayed for sale in front of the store by using the gap where surveillance is neglected.

Accordingly, the Defendant stolen the property of the victim management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to the display photographs of damaged articles, and the same articles and photographs as damaged articles;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment on general property, the scope of which is recommended according to the sentencing guidelines, and the mitigation area (one month to six months) (the person who has been specially mitigated) and mental and physical weakness (the person who has no responsibility for himself/herself);

2. The fact that the Defendant had been punished several times for the same kind of crime but again committed the instant crime is disadvantageous to the Defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects on it, that is a crime under mental or physical weakness, that is, the amount of stolen money, and that the victim was immediately returned, etc., and the fact that the defendant's continued to receive mental treatment for a certain period in order to completely overcome the mental state and to lead a normal life again, it is urgently required to continue to receive the defendant's mental treatment for a certain period, as well as all other sentencing conditions shown in the process of the record and changes, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and the circumstances after the crime,

arrow