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(영문) 대구지방법원 2017.01.06 2016고단5205

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On August 5, 2016, the Defendant: (a) opened a handbag of the victim E by taking advantage of the gaps in which surveillance was neglected; and (b) took up two copies of the check before the Defendant’s possession of the victim, one million won in front of the check in the wall located in the Daegu Suwon-gu, Daegu-gu; (c) opened the handbag of the victim E by taking advantage of the gaps in which surveillance was neglected;

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (a photographs of damaged articles), photographs of damaged articles (two copies of his/her own check), investigation reports (to hear statements of victims), investigation reports (to hear statements of victims), and criminal investigation reports (to hear statements of victims);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] The mitigation area (4 months to 10 months) of the mitigation area (4 months to 10 months) of the mitigation area for general property / [the person who is subject to special mitigation] The defendant committed the instant crime even though he had a lot of history of punishment for the same kind of crime.

In light of the method of crime, there is no good quality of crime.

There are few damages.

However, even if the defendant is late, it is considered that all of the crimes are recognized and erroneous, and that the injured person compensates the injured person for the damages will take advantage of the favorable circumstances for the defendant, and the defendant's age, sex, environment, relationship with the injured person, motive, means and result of the crime, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, are equally considered and sentenced to the same punishment as the order.