logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.10.31 2018고단1142
절도
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On May 31, 2018, the Defendant was sentenced to a suspended sentence of two years for the six-month imprisonment with prison labor due to larceny in the night room at the Changwon District Court on May 31, 2018, and the judgment became final and conclusive on June 8, 2018 and is currently under suspended sentence.

[Criminal facts] On August 26, 2018, at a restaurant located in C church B at around 15:00 on August 26, 2018, the Defendant found the victim D's handbags on the main embankment at the restaurant located in C church B, and took up cash 200,000 won and ten 10,000 won of the new world merchandise coupons, which are the victim's possession in the above handbags where the victim's surveillance was neglected.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of occurrence reports, and processing of reported cases;

1. A criminal investigation report (Attachment ofCCTV image and caps);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of being punished four times for the same crime (two times a suspended sentence of imprisonment with prison labor, and two times a fine). In particular, the crime of this case is a suspended sentence and a period of protection observation due to the same crime, and it seems that the crime of this case has not been committed three months since the judgment became final and conclusive. Meanwhile, it seems that the damage is relatively minor, and the victim does not want the punishment against the defendant, and the punishment is determined as ordered by comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

arrow