beta
(영문) 수원지방법원 안산지원 2016.02.25 2015고단4211

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

On September 1, 2015, the Defendant, at around 23:30 on September 23:30, 201, 1 B apartment complex B, one complex 101 in front of 101 street, found the victim C, who was in the influence of alcohol, and led to driving away from the victim, she saw approximately 500,000 won of the market value of the victim, where she was in possession of the victim.

Accordingly, the Defendant stolen the property owned by the victim, including about 80,00 won in cash in the above handbags, about 100,000 won in the market price, about 100,000 won in an empty bags, 4 copies, cosmetics, cosmetics, 1 USB, 1 copy of the security card of financial institutions, Kadi, 1 set of Kadi, and basan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Each image of each CCTV and related photograph;

1. Application of Acts and subordinate statutes to each item of the investigative report, seizure protocol (voluntary submission), and list of seizure lists;

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

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

1. The defendant shall be sentenced to imprisonment in consideration of the following: (a) the basic area of the three types of theft in general property (one-half years) (one-half years) of sentencing recommended for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the route of this case is likely to commit a crime due to the theft of damaged goods by fishing handbags from women; (c) the risk of committing a crime is heavy; (d) the nature and circumstances of the crime are heavy; and (e) the victim did not agree with the victim.

However, in consideration of all the circumstances, such as the fact that there is no criminal history against the defendant and the defendant appears to be an contingent crime under the influence of alcohol rather than a planned crime, the defendant shows an attitude against the crime of this case, and the social relationship is clear, and a part of the damaged goods have been returned to the victim, the term of imprisonment like the order shall be set and the execution of imprisonment shall be executed.