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(영문) 광주지방법원 장흥지원 2018.11.29 2018고단189

절도

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. A thief on April 2, 2018, the Defendant: (a) used a public key prepared in advance for having D having a 28 million won at the market price, which was the victim’s possession at the new construction site in Jinjin-gun C, Namjin-gun, Namjin-gun on April 2, 2018; (b) used a public key prepared in advance for having D having a 28 million won.

2. On April 22, 2018, the Defendant: (a) used a public key prepared in advance for having a 38 million won car at the market price, which is the victim’s ownership at the construction site of a new grain warehouse for the victim of the F victim of the Namjin-gun, Namjin-gun on April 22, 2018; (b) used a public key prepared in advance for having the c.8 million won car; and (c) used it

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B and H;

1. E statements;

1. Application of statutes to each investigation report (related to the verification of CCTV at the scene of occurrence and the recovery of each damaged article);

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed by larceny against victims E, the more severe punishment for concurrent crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

Sentencing element: The defendant recognized his mistake and reflects, the defendant returned the stolen goods to the victims, and voluntarily surrenders them (the defendant was unable to move away from the farm road in the Do that was brought to return the E driver's vehicle, and E found it as it is). Unfavorable sentencing element: In this case, the defendant was driving the vehicle at night and was stolen by him at night, and the criminal liability is heavy in light of the law of crime (use of public key) and the amount of damage, etc., and related to his livelihood.