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(영문) 대전지방법원 논산지원 2014.07.29 2014고단145

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 27, 2014, around 07:33, the Defendant left the “E” restaurant of the victim D’s “E” operation located in Seosan-si, and took out one disease of KRW 3,000 in the market price from the small box on which the victim loaded in the factory site. From that time to March 9, 2014, the Defendant, as shown in the list of crimes in the attached Table, 100 won in total, the market price of the victim’s possession, 30,000 won, as the victim’s market price, was stolen, or did not commit an attempted crime because the victim did not own any 30,000 won in total, as in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Application of the Acts and subordinate statutes to the records of seizure, each photograph, or each photograph;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of sentenced punishment: One month to nine years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. Sentencing criteria:

(a) Each category of larceny [decision of type of larceny] Each thief group, and each category of larceny (a thief, etc. in general property) [Scope of recommending sentence] each basic area: Imprisonment with prison labor for a period from April to August: None of special mitigation factors; / None of special aggravation factors:

B. The lower limit of the above recommended sentence shall be the lower limit of the total concurrent crimes, from April to February 20 of one year [ August ( August x 1/2)] of imprisonment with prison labor.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months [Incompetence]; six months in total; six times in prison; a person before and after the suspension of execution is one time; no damage has been recovered; a minor agreement or a serious reflect that damage is relatively minor; and a defendant's health condition is not significantly good;