logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.11.21 2019고단4292
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

On February 17, 2019, around 18:03, the Defendants entered the vinyl owned by the victim D in Busan Metropolitan City, and entered the said plastic house, with six navigational services and three navigational lids in an amount equivalent to the total of 1.5 million won of the reported value of the victim owned by the victim in the said place, and loaded them into the E-Poter cargo vehicle waiting in advance.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. On-site reports (Attachment toCCTV photographs), CCTV caps and photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants subject to suspended sentence: The scope of recommending sentence according to the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act [the sentencing guidelines] shall be determined by comprehensively taking into account the following factors: theft [the category 1] and the basic area of larceny [the scope of recommending and recommending punishment], including neglected articles], and four to eight months [the scope of recommending punishment revised according to the sentencing guidelines] from six months to eight months (the minimum of sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of sentencing range, and thus the minimum of sentencing range recommended by the sentencing guidelines is in accordance with the statutory minimum of sentencing range) under the decision of sentencing, and other conditions of sentencing as shown in the records, such as the age, occupation, character and conduct of the Defendants, family relations, and circumstances before and after the commission of the crime.

- Failure to receive a letter from the victim - The recognition of the crime, the amount of damage is relatively small, and there is no criminal history to punish the Defendants exceeding the fine.

arrow