logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.11.27 2019고단660
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. and 2 months of imprisonment with prison labor for larceny. On April 22, 2017, the Defendant completed the execution of the sentence.

1. Around December 28, 2018, the Defendant committed the crime: (a) around December 28, 2018, at the outside corridor of the “D” restaurant operated by the victim C in Seocheon-si B; and (b) at the food materials box located therein, 150,000 won in total of the market price of the victim’s possession was cut off and 3 factoringed.

2. Around February 25, 2019, the Defendant committed the crime: (a) around 13:30 on February 25, 2019, at a food material box located at the same place as that set forth in paragraph (1) around 13:30 on February 25, 2019; (b) cut off the total of 100,000 won of the market price of the above victim’s possession.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. C’s statement;

1. Thefts and CCTV closures;

1. Previous records of judgment: Criminal records, inquiry reports to the prosecution, investigation reports to the prosecution (verification, etc. of repeated crimes), judgment, and application of Acts and subordinate statutes on the status of confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Not more than nine years of imprisonment;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for six months to one year and six months.

(a) Class I crime (the decision on the punishment of larceny around December 28, 2018) [the decision on the punishment of larceny]

B. Second Crimes (the Decision on the Punishment of Larceny around February 25, 2019) (the Decision on the Punishment of thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

arrow