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(영문) 전주지방법원 정읍지원 2016.03.29 2015고단374

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on March 1, 2015, 2015, 11:50 on March 1, 2015, 2015, 374, the Defendant: within the E-cafeteria operated by the victim D, the victim D, entering the place, and drinking alcohol, stolen the Defendant’s total amount of KRW 2,090,000,000, which is equivalent to KRW 10,000,000,000 in Japanese currency of KRW 1,440,000,000 in the market value of KRW 18,00,000,000 in the market value of KRW 90,00 in the market value of KRW 1,00,00.

On November 24, 2015, the Defendant, “2016 Highest 34, 2016, the Defendant, while drinking alcohol at the “H dan” store operated by the victim G (V, 63 years of age) at regular Eup 23:00 on November 24, 2015, was stolen with cash KRW 90,000, No. 31, No. 1, Samsung Card No. 1, Samsung Card No. 1, and No. 25,000, which was located under the victim’s attention at the “H dan” store operated by the victim G (V, 63 years of age).

Summary of Evidence

"2015 Highest 374"

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation report (recepting damaged articles and adding damaged articles);

1. The 2016 Heights 34, such as site photographs, etc., photographs, such as places for damage, and storage of damaged articles, places for discovering damaged articles, and CCTV suspects;

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Investigation report (related to the recovery of part of damaged articles and calculation of the amount of damage on wall);

1. Application of the photographic Acts and subordinate statutes;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommendations] The mitigated area of two types (general larceny) for each general property [the scope of final sentence due to the aggravation of punishment by a person who is not subject to special mitigation] of punishment: April to one year and three months [the decision of sentence] of imprisonment. The defendant is recently the defendant.