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(영문) 대구지방법원 2019.09.19 2018고단3716

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 30, 2018, the Defendant, in the passage of KTX 467 train No. 12-13, which was stopped in the winter zone around 18:06 on May 30, 2018, stolen 1,50,000 won of the market price, which includes the clothes, etc. equivalent to KRW 7.80,00 of the market price, owned by the victim B, who was placed on the top of the line for storing several cargo.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the provisions of Acts and subordinate statutes to a report on investigation, a photograph of damaged articles, a photograph of closure on the surface of the crime, and a photograph of the suspect's appearance;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property] and there is no general larceny [type 2] (the scope of recommending area and recommending punishment] (the scope of recommending punishment]; and 6 months through one year and six months;

2. The Defendant, who was sentenced to a sentence, was not identified after the prosecution, and the trial proceedings were proceeded by public notice.

The fact that damage recovery has not been recovered, the fact that the defendant had been already punished several times due to the same kind of crime, etc. is disadvantageous to the defendant, and the fact that the defendant was recognized by the investigative agency as the defendant's crime of this case shall be considered as favorable to the defendant, and further, the defendant's age, character and behavior, environment, circumstances before and after the crime shall be determined as ordered in consideration

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