logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.09 2015고단3221
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 24:00 on August 10, 2015, the Defendant accessed the victim B, who was divingd on a flat 3-13 street in Gangdong-gu Seoul, Gangdong-gu, Seoul, to take off KRW 100,000,000,00 won cashier's checks issued by the Nong National Cancer Branch, which is located in the victim's breas.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on the occurrence of theft, CCTV-cape images, investigation report (the result of execution of a warrant of seizure at the point of Nonghyup Amateur Station), investigation report (the result of execution of warrant of search and seizure of financial accounts),

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] The basic area (8-2 years) of the types of theft in general property (8-2 years) [decision of sentence] of the basic area (8-2 years) [decision of sentence] of the defendant has been punished four times (2 times of suspended sentence of imprisonment and two times of fine) due to the same crime.

On the other hand, however, it is decided as per the Disposition in consideration of the fact that it is against the law, that part of the check was recovered after the report of theft, and that the defendant is with intellectual disability 3.

arrow