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(영문) 서울동부지방법원 2017.01.13 2016고단1796

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has affixed the following seals from around 12:00 on May 8, 2016 to the following:

9. From 08:40 to 08, between the vehicle parking lot located in Gangnam-gu Seoul Metropolitan Government, the victim D, who had his/her vehicle stolen and carried his/her vehicle in his/her thought to be stolen and carried, found the key of a vehicle with approximately KRW 20 million in the market price of the victim D, who was set up and set up there, and used it, used it to drive the vehicle at the starting operation of the vehicle and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (an inquiry into an excessive market price);

1. Application of statutes on field photographs and vehicle photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (4 months to 10 months) of the mitigated area (the general larceny) for the general property;

2. Determination of sentence: Imprisonment with prison labor for six months, the period of suspension of execution for two years: The defendant has been punished for the same offense in 2015, but at the same time, the defendant has committed the crime in favor of him/her, and even if he/she has been punished for the same offense, the defendant is recognized as committing the crime, and the defendant is committed against himself/herself. The damaged vehicle has been returned to the victim, and the victim has expressed his/her intention to take the action against the defendant in an investigative agency. The defendant has no record of punishment other than the above identical criminal record, and the execution of the sentence shall be suspended only once on condition that he/she added observation of protection and observation for prevention of recidivism, taking into account all other circumstances, such as the defendant's age, sex and environment, family relationship, motive and circumstance of the crime, relationship with the victim, and