(영문) 의정부지방법원 고양지원 2017.10.26 2017고단2384

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Reasons

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자간(%)

(영문) 의정부지방법원 고양지원 2017.10.26 2017고단2384

절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 2016, the Defendant embezzled one of the following: (a) around 03:00, the victim C found one of the undeveloped Samsungphones in the market value, which was lost at the end of 28:3 Donyang-gu, Seoyang-gu, Mayang-ro, 153 Donyang-ro, but did not follow necessary procedures, such as returning to the victim; and (b) he embezzled one as he/she thought he/she had.

2. On August 11, 2017, the Defendant: (a) approaching the victim F, who was under influence of alcohol in the direction of Gyeyang-gu D at the time of high speed around 01:30 on August 11, 201; and (b) 2.50,00 won in cash, which is owned by the victim, who was under influence of alcohol in the front of E, and her driver’s license; and (c) thief in the market on which one copy of the driver’s license is contained;

They were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of damage under F and C;

1. Application of each protocol of seizure and each statute of the list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 360 (1) of the Criminal Act (a point of intent) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The punishment is determined as ordered by taking into account the following circumstances: (a) the fact that there was a history of having been sentenced to punishment one time for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation; (b) the amount of damage is not large; (c) the fact that the victim of the crime of larceny agrees with the victim of the larceny; (d) the victim of the crime of embezzlement does not want the punishment of the defendant; and (e) the age, sex, environment, family relationship; (e) the process and motive leading up to the instant crime; and (e) the circumstances before and after the instant crime

참조조문

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