logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.11.11 2015고단5986
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On June 20, 2012, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspension of execution for military service at the general military court of the Water Defense Headquarters, and on April 18, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for larceny, and on May 9, 2013, the sentence of the said suspension of execution was invalidated, and on July 13, 2014, the sentence of the said suspension of execution was terminated.

【Criminal Facts】

At around 11:00 on April 9, 2015, the Defendant: (a) concealed the four lines of tobacco (40%) equivalent to KRW 180,00 in the market price owned by the victim Home Plus Co., Ltd., which was displayed in the second underground floor, from the Dowing-gu Seoul Metropolitan Government Home Plus Bank’s 678 Home Plus Bank, by taking advantage of the gaps in which the manager’s surveillance was neglected; and (b) concealed it.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each CCTV image photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the invalidation of suspension of execution of punishment);

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there are many previous charges against the defendant for the reason of sentencing of the provisional payment order, the recidivism during the period of repeated crime due to the same kind of crime, and the fact that the victim did not agree with the victim is disadvantageous

However, on June 30, 2015, the defendant was a small amount of damage, and the defendant was sentenced to 6 lines and 2 pieces of tobacco at the Homepller Incheon's monthly store, and the defendant was sentenced to 4 months of imprisonment at the Incheon District Court on August 27, 2015, and the case is currently pending in the final appeal and this case was tried together, a fine shall be selected only once, taking into account the equity in the case where the case was tried together.

In full view of all the above circumstances and various other factors of sentencing, the sentence shall be determined as per the disposition.

arrow