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(영문) 청주지방법원 2019.03.20 2019고단98

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 19, 2018, the Defendant committed the crime: (a) around 14:30 on October 19, 2018, at the precious metal store named “E” in the “E” for the operation of the victim D’s first floor located in the Cheongju-si Civil Petitions B; (b) on October 19, 2018, the Defendant placed four 14K earbs in an envelope in which the market value of the other victim’s ownership is the sum of KRW 1,110,000, which is the market value of the other victim’s ownership.

2. On November 17, 2018, the Defendant: (a) around 03:06 around November 17, 2018, at the H convenience point in the operation of the Victim G G located in Cheongju-si Office F, Cheongju-si (Cheongju-si) around November 17, 2018, the Defendant: (b) placed two parts of a bank holding the victim’s own market value of KRW 2,00,000, where the victim had been displayed at a different place, due to his/her ties of care.

3. On November 23, 2018, the Defendant, at around 03:09 around November 23, 2018, placed a three-minute of the market price equivalent to 2,300 won, which is the market price of the victim, in a place indicated in the preceding paragraph, and a gap in the victim’s neglect of care, was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Application of Acts and subordinate statutes to ctv photographs and thief photographs at each site;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts (the point of larceny and the choice of imprisonment);

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. One month to nine years from the date of imprisonment in the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes falling under any of subparagraphs 1 through 3 (Determination of Punishment): Larceny [Type 2] general larceny [Special Rape] mitigated elements: Reduction area of punishment (Recommendation area and Recommendation range), Reduction Area, Imprisonment with prison labor for 4 months to 10 months;

(b) Scope of recommendations according to the standards for handling multiple crimes: From April to June 1 (Article 1/2 of the upper limit of crimes No. 2).

3. Sentence;