logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.30 2018고단1233
절도
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 13, 2018, the Defendant: (a) removed one drain pipe from five rainwater, which was installed on the victim E’s outer wall at the time of the Government around 20:00 on February 13, 2018, the victim E, who was located on the victim E’s outer wall, in his/her hand, was stolen by removing one drain pipe from five rainwater, which was located on the victim E’s market value.

On May 15, 2018, the Defendant laid off the rainwater 10cm in the market value (10cm in diameter, 80cm in length) of the victim E, installed on the outer wall of the Defendant on May 15, 2018, and stolen the rainwater 10cm in his/her hand.

Summary of Evidence

"2018 Highest 1233"

1. Statement by the defendant in court;

1. E statements of damage;

1. Sceness of the damaged site and CCTV-fafags "2018 Highest 2535";

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs by field photographs and CCTV closures;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

2. Application of the sentencing criteria;

(a) The mitigated element of larceny of the 2018 Height 1233 [Determination of Type] thief, theft of general property, theft of general property, neglect of property, etc. [Special Sentencing 1] mitigated element: Imprisonment with prison labor for not less than one month from one month to six months (the area of mitigation);

(b) Theft of "2018 Height 2535" (a type of larceny [decision] thief, theft of general property, theft of general property, neglect of property, etc. (a type 1] [the scope of punishment recommended] Imprisonment with prison labor for April to August (the basic area);

(c) Handling multiple crimes: to sum up three months from April to November of imprisonment, the maximum limit of sentence shall be 1/2 of the maximum limit of concurrent crimes, and the minimum limit shall be set at the lower limit of basic crimes.

3. The decision of sentence of imprisonment shall be made by taking into consideration the fact that there are many criminal records of the same kind; and

However, the fact that the defendant is led, the same criminal record is sentenced to a fine, and the damaged thing is the victim.

arrow