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(영문) 대전지방법원 2017.07.05 2017고단1748

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 5, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in the Daejeon District Court for ten months, and is pending in the appellate trial.

【Criminal facts” around April 27, 2017, the Defendant: (a) committed a theft of the victim E-1’s clothes store operated by the victim E in Seo-gu Daejeon, Daejeon on April 14:15, 2017; (b) by making use of a gap in the management of the point center, the Defendant brought about the victim’s tension stitts equivalent to KRW 29,900, the market price of the victim’s possession, which was displayed in the above store; (c) one female stitts and one female stitts equivalent to KRW 19,900, the market price of which was KRW 214,260, a total market price of five times in total, as shown in the attached list of crimes. The gist of evidence was stolen by the Defendant on the same day.

1. Statement by the defendant in court;

1. Each statement of G, H, E, I, and J;

1. Photographs of each damaged article;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act: The history of the same crime has been four times, and repeatedly committed despite the fact that the defendant committed the crime in the same kind of crime even though he/she was under trial at the appellate court: the confession and reflects; the amount of clothes, foodstuffs, etc. equivalent to the total amount of 214,260 won is not the maximum amount; and the decision of the sentence that is agreed with the victim E, H, I, and J is different from the above circumstances; the mental and physical condition of the defendant revealed in the written reply to the request to observe the Daejeon Security Surveillance; the age, sex, environment, motive, means and consequence of the crime; and the circumstances after the crime.