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(영문) 수원지방법원 안산지원 2017.01.12 2016고단4183

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 7, 2016, 2016, the Defendant discovered a Dbera-cracked car at the first floor of the Dalled Building in Ansan-si, Dong-gu, Ansan-si, the Defendant confirmed that he was using a mobile phone, etc. due to theft of money and other valuables, and that the door was not corrected by examining the vehicle’s proposal, and then, the Defendant opened the steering door and opened the front door into the vehicle and stored in the rop, and collected KRW 381,000, the cash owned by the victim E within the wall that he was stored in the rop.

The summary of the evidence was stolen.

1. Statement by the defendant in court;

1. E statements;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. On-site photographs and records of thief photographs;

1. Reports on internal investigation (including statements made by victims, securing CCTVs on-site, etc.), investigation reports (specific as a suspect), investigation reports (amount of damage inflicted by theft), investigation reports ( listening to statements by victims - listening to statements by victims) and the application of Acts and subordinate statutes

1. The reason for sentencing under Article 329 of the Criminal Act and Article 329 of the choice of punishment for the criminal facts [the scope of recommending punishment] The mitigated area of Class 2 (General Larceny) for general property (4 to 10 months) [a person who is specially mitigated] a living-type crime (a person who is sentenced to a sentence] recognized a defendant's mistake and reflects his/her decision], the damage amount caused by the instant crime is relatively minor, and the defendant's family situation is not good and it appears to be a living-type crime.

However, in light of the unfavorable circumstances, such as the fact that the defendant committed the crime of this case without being aware of even though he was under trial by the appellate court due to the same crime, and that some of the provisional repayment amounts (41,000 won) have not been restored to the present time, it is inevitable to sentence sentence.

The same sentence as the order shall be determined in consideration of the above circumstances and the conditions of the sentencing prescribed in Article 51 of the Criminal Act.