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(영문) 대전지방법원 2016.04.20 2016고단355

절도

Text

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

Reasons

Punishment of the crime

On November 18, 2015, from around 09:00 to around 11:00 on the same day, the Defendant: (a) within the hospitalization room of 5109 of the AL hospital located in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant: (b) took advantage of the cresh in order for the victim to receive physical treatment; (c) taken advantage of the cresh in order for the victim to take water treatment; (d) one electric gate, the market price of which is equivalent to KRW 1.60,000,000, and one handphone, the market price of which is equivalent to KRW 1.60,000,000.

1. Statement by the defendant in court;

1. AM written statement;

1. Application of Acts and subordinate statutes to confirm identity of the larceny case;

1. The relevant Article of the Criminal Act, Article 329 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area of the theft of general property (the general larceny) (the imprisonment of six months to one year and six months) (the person who has no special sentencing seal];

2. Where a sentence of imprisonment and a fine are to be imposed in consideration of the fact that a number of offenses in the same kind of decision of sentence are committed, it is inevitable to sentence the accused;

However, considering the fact that the defendant is recognized as committing the crime, the fact that the damaged articles are all recovered to the victim, etc., and considering the age, sexual conduct, environment of the defendant and the circumstances leading the defendant to committing the crime, etc., the punishment the same as the order that is lower than the scope of the recommended punishment according to the sentencing guidelines shall be determined in consideration of all the sentencing conditions shown in the argument of this case, such as the age

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