logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.09 2016고단5934
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 12, 2006, the Defendant was sentenced to 10 years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Sucheon Prison on April 12, 2006 and completed the execution of the sentence on February 3, 2016.

[Criminal facts] 2016 Highest 5934

1. On July 17, 2016, the Defendant, at around 16:49, stolen the victim D’s “E operated by the victim D” in Suwon-si, Suwon-si, Suwon-si, by means of a gap in the victim’s location, by selling television to F, who is a recyclable product dealer, and having F carry it.

"2016 Highest 7633"

2. On August 27, 2016, the Defendant discovered that there is a difference between a cell phone and a wallet on the market price at a soup room of “H” located in Suwon-si G in Suwon-si, Suwon-si, Suwon-si on August 27, 2016, and that there is a difference between a cell phone and a wallet on the market price at the victim I (16 years old). The Defendant collected 370,000 won in cash on the above wall A while taking it back to the next side.

L. A. L. theft was committed.

Summary of Evidence

[2016 Highest 5934]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each statement of D and F;

1. Photographs of CCTV data for committing a crime;

1. Reporting on occurrence (thief) (2016 senior group 7633);

1. Statement by the defendant in court;

1. A written statement of I;

1. Photographs (previous record of judgment);

1. Written inquiry about criminal history, etc. (A);

1. Report on investigation (report on the attachment of the sentence and the status of confinement) - Court rulings attached thereto and applicable statutes including the status of personal confinement;

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

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

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

1. Application of the sentencing criteria;

(a) A Class 1 crime [the scope of recommendations] thieve crime for general property, which does not fall under the aggravated area (10 months to 2 years) (special aggravated) of the aggravated area (10 months to 3 years) for the larceny of general property;

(b) thief for 2 offences [the scope of recommendations] general property.

arrow