logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.06.02 2016고단111
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

On November 12, 2015, at around 02:30, the Defendants confirmed that there is no way inside the G cafeteria operated by the victim F (52 3) of the victim F (52) located in the north-gu, Northern-si, Ma, and that D had the surrounding area of the cafeteria and reported the network, Defendant A opened and intruded with the unlocked windows by hand, and Defendant B had the cash amounting to 1.40,00 won (50,00 won, KRW 1,10,000 won, KRW 50,000, KRW 500,000) and the market value of 40,000,000 won, owned by the victim through the restaurant opened by Defendant A.

Accordingly, the Defendants stolen the victim's property together with D.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning examination of suspect of some police officers against D;

1. Statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes to a investigative report (fix photographs of CCTV image data for the purpose of crime prevention);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (each of the following circumstances favorable to the Defendants, in which the sentencing is written down)

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the Suspension of Execution;

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

1. Defendant A [the scope of recommendations] There is no basic area (one year or two years or more of imprisonment) (the person subject to special sentencing) of the basic area (one year or two years or more of imprisonment) (the person subject to special sentencing) of the theft of general property [the sentence] (the decision of sentence] committed joint larceny by intrusion into the victim's restaurant; the victim did not reach agreement with the victim or did not pay damages; the crime was proposed and led. The nature of the crime is heavy in light of the fact that the victim proposed and led the crime.

However, there are favorable circumstances such as the fact that the amount of damage is relatively large, the accomplice has repaid the damage to the victim, the fact that there is no record of criminal punishment, the fact that the accomplice is a juvenile, and the fact that the accomplice is against the mistake.

In addition to the above circumstances, the defendant's age, sex, environment, and crime.

arrow