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(영문) 의정부지방법원 2020.10.30 2020고단1765

절도

Text

A defendant shall be punished by imprisonment for not less than two 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

On March 19, 2020, at the parking lot inside the building B at Guri-si, Guri-si, around 21:57, the Defendant: (a) stolen two paper strings using two paper strings, which included an electronic device board in the market price of KRW 500,000, which was accumulated by the victim C to sell on the laundry machine, in a way that they are loaded into his lag.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation of the C's written statement (any interview with the victim and investigation of the CCTV search around the damaged site);

1. Application of Acts and subordinate statutes to investigation reports (calculated amount of damage);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. An unfavorable circumstance of sentencing under Article 62(1) of the Criminal Act: The Defendant again committed the instant crime even though he/she was punished several fines under the same criminal name.

O favorable circumstances: The value of the stolen article by the defendant is not so significant.

The defendant has the basic recipient and the disability of the third grade of the delay disability, and is difficult to live as a member of the Gu.

The circumstances of theft can be considered in light of the defendant's place of crime, theft goods, etc.

O) The punishment as ordered shall be determined by comprehensively taking into account the health status of the defendant, family relations, age, character and conduct, environment, relationship with the victim, motive means of the crime, circumstances after the crime, etc., including the above unfavorable circumstances, favorable circumstances, and all the kinds of sentencing conditions shown in the arguments and records of the case.