(영문) 수원지방법원 2018.07.12 2017고단5630

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(영문) 수원지방법원 2018.07.12 2017고단5630

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On October 4, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny from a Suwon Giwon, and completed the execution of the sentence on December 11, 2016.

[2] On March 31, 2017, at the D convenience store operated by the victim C in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) committed a theft by putting one of three parts of 7,800 won and one of tobacco, which is the victim’s market value, into clothes.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Reporting on occurrence of a disaster;

1. Report of investigation (specific suspect);

1. One CD of CCTV images, and a photograph of a CCTV image-cape;

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (fact that the period of repeated crime is in progress), status of personal expropriation, and application of the text of the judgment;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] : The punishment for the same repeated crime, which is not subject to the aggravation of specific crimes (the special aggravation of punishment for six months to one year) (the person subject to special aggravation of punishment]: The scope of the comparison between the punishment for the same repeated crime, which is not subject to the aggravation of specific crimes (the repeated crime) : six months to one year [the decision of sentence]; four times the punishment for the same repeated crime and imprisonment for the same offense, and twice the suspended sentence for the defendant, which is favorable to the defendant: the injury is insignificant. The comprehensive contents of the sentencing conditions prescribed in

참조조문

-형법 제35조

-형법 제51조

-형법 제329조

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