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(영문) 대전지방법원 홍성지원 2017.08.11 2017고단250

절도

Text

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

Reasons

Punishment of the crime

On November 5, 2015, the Defendant discovered about about 11:41 on the 11:5, the Defendant: (a) discovered about about 10 million won of the market price, which was temporarily deducted from the victim E in order to look at the victim E in the D E-T toilet located in Bocheon-si, Bocheon-si. The summary of the evidence was stolen.

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Investigation of witnesses F);

1. Application of Acts and subordinate statutes to a copy of guarantee;

1. 범죄사실에 대한 해당 법조 및 형의 선택 형법 제 329 조, 징역 형 선택 양형의 이유 [ 권고 형의 범위] 일반재산에 대한 절도 > 제 1 유형( 방치 물 등 절도) > 가중영역 (6 월 ~1 년) [ 특별 가중 인자] 개인적 피해 또는 사회적 피해가 상당히 중하고, 그 피해가 회복되지 아니한 경우 [ 선고형의 결정] 피고인은 피해 자가 운영하는 상점의 화장실 안에 들어갔다가 위 피해자가 깜박 하고 놔두고 온 다이 아몬드 반지를 절취하여 갔다.

The above-mentioned anti-victims are highly subjective and objective damage amount as a wedding of the victim.

Although the defendant knows that the investigative agency is a suspect, he/she has taken a disposition to the suspect and used the price for his/her livelihood. After that, the defendant's refusal to comply with the request of an investigative agency for appearance without justifiable grounds, and the arrest by the warrant should be made several times, and the circumstances after the crime are very good.

In addition, in addition to the fact that the damage was not completely recovered from the time when the crime was committed until the considerable period of time, the sentence of sentence on the defendant is inevitable.

However, the fact that the defendant is recognized to commit the crime late and is against the defendant, the fact that there is no record of punishment for the same kind of crime except once, shall be considered in favor of the defendant, and the arguments of this case, such as the age, sex, career, home environment, motive and means of the crime, etc., are shown in the arguments of this case.

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