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(영문) 전주지방법원 2019.02.21 2018고단1208

절도등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief, around October 23, 2017, at around 23:15, the Defendant: (a) stolen the victim’s Dao-gu Daodong-gu Daodong-gu Daodong-gu Daodong-gu Daodong-gu Daodong-gu, with a 3.50,00 Doo-bro (Gao-fo-fo-fod-fod-fod-fod-fod-fod-fod-fod-fa

2. At night, at around 00:30 on May 3, 2018, the Defendant: (a) intruded the victim G with the five-story stairs located in Seojin-gu Seoul Special Metropolitan City Fletlet; and (b) stolen the Defendant with goods worth KRW 374,00,00 in total, equivalent to the market price of 2.58,00 won in red ginseng strawM, rice 2:20,000 won in total; (c) 20,000,000 won in total, and 3,000,000,000, in total, of the market price of 1,000 won in coffee-gu Special Metropolitan City.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Report on investigation (with respect to photographing damaged articles and returning damaged articles);

1. A report on internal investigation (related to field photographs);

1. Investigation report (Attachment of CCTV recording pages for suspect's criminal process);

1. Application of Acts and subordinate statutes to report on investigation ( photographs of damaged articles and return of damaged articles);

1. Relevant Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Larceny of types 4 (Special Convicting) (Special Convicting) (Special Convicting Persons) of theft against general property, where a person intrudes into a place other than an indoor residential space (4) (the scope of sentencing and sentence), 4 months to 1 year and 6 months (special mitigation area);

(b) Concurrent Crimes: Theft (decision of type) is a thief (decision of type of larceny) in respect of general property.