(영문) 춘천지방법원 2016.06.28 2016고단331

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Reasons

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줄 간격

자간(%)

(영문) 춘천지방법원 2016.06.28 2016고단331

절도

Text

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

Seized evidence 3 shall be confiscated.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, on March 29, 2016, 00:30 on March 29, 2016, she gropoly gres from the ginseng dry field of the victim C in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the market price of which is 2.5 million won.

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes of Chapter XIII to the records of seizure (voluntary submission), lists of seizure, photographs of seized articles;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is unclear, such as the defendant's agreement on May 10, 2016, and thus, it is not reasonable to issue an order for compensation in the criminal proceedings)

1. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] shall be limited to the range of punishment [the scope of the recommended punishment] of types 2 (the general larceny) [the elements of special mitigation] of punishment not limited to the range of punishment [the scope of the recommended punishment] from April to October; and

2. The fact that the Defendant’s decision to punish the Defendant appears to have divided and reflected the Defendant’s mistake, and in particular, the fact that the Defendant did not want the Defendant’s punishment on May 10, 2016 by agreement with the victim, etc. is an element of sentencing favorable to the Defendant.

On the other hand, the Defendant appears to have committed the instant crime under a well-known prior plan, and from around 1997 to 2010, the Defendant used the ginseng glag from the ginseng field to the same water source as the instant crime.

In addition, the fact that the crime of this case was committed without being aware of the history of the punishment of imprisonment with prison labor and the suspended sentence on several occasions, and that the crime of this case was committed very poor is an element of sentencing unfavorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc.

참조조문

-형법 제48조 제1항 제1호

-형법 제329조

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