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(영문) 인천지방법원 부천지원 2016.11.04 2016고단2657

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on May 2016, committed theft against the victim B, at the victim B’s house located in Gyeyang-gu Incheon Metropolitan City C Apartment 211 Dong 702 Dong 702, a male-gu Da, 211 Dong 702, followed by a theft of the victim B, one half of the total market value of the above victim’s possession of the victim, which was at least 1 million won, and one half of the half of the net amount of the market value of 600,000,000 won in the market value, and one precious metal of the total market value of 2.6 million won in the net amount of the market value of 50,000,000 won in the market value.

2. At around 19:00 on July 10, 2016, the Defendant: (a) taken a theft against the victim E, from the second floor of G gas station operated by the victim E, who was the victim of the said D’s f in the Chungcheong City F; (b) taken off 49 precious metal worth a total of 2,8350,000 won of the market price, such as eargs owned by the victim of the said fry in the cremation; and (c) taken off eargs in the cremation; and (d) gold scrap, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each statement of B and E;

1. Application of Acts and subordinate statutes to report internal accidents;

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

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The mitigated area of category 2 (General Larceny) [the Decision of Pronouncement] and the mitigated area of punishment [the defendant] [the Decision of Pronouncement] are against the defendant, the defendant has no record of having been sentenced to the same kind of crime or imprisonment without prison labor or heavier punishment, the defendant has paid part of damage and has agreed with the victim E, the defendant's age, character, character and behavior, environment, health conditions, family relationship, motive, means and result of the crime, etc., and other various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.