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(영문) 서울북부지방법원 2016.05.11 2015고단4450

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 13, 2015, around 18:18, the Defendant stolen four bicycles worth a total of 2950,000,000 won from May 24, 2015 to October 20, 2015, respectively, in total of four times, including in the list of crimes, from around 18:18 to around 4:50,00,000, in front of the upper fel basin of 4,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, C, E, and F;

1. Application of Acts and subordinate statutes to each CCTV creation photograph;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to nine years;

2. Crimes No. 1 in the scope of the recommended punishment according to the sentencing guidelines / [Scope of the recommended punishment / [Scope of the punishment ] Crimes No. 2 in the basic area (the scope of the recommended punishment / [the scope of the punishment / from April to August] in the basic area (the person subject to special sentencing] of Category 1 in general property (the theft of neglected objects, etc.) [the scope of the punishment / [the scope of the recommended punishment] in the basic area (4 to August) of Category 1 in the basic area (the illegally neglected objects, etc.) [the scope of the recommendation / [the scope of the punishment / the person subject to special sentencing] in the basic area (4 to August) of Category 1 in the basic area (the neglected objects, etc. of the general property] in the number of aggravated crimes without any special sentencing person: April to February 20:

3. The fact that the Defendant, who was sentenced to a fine on the same kind of crime, had a record of being sentenced to a fine on the same day, and that the number of crimes reaches four times is disadvantageous.

On the other hand, there are no criminal records of fines or more, economic difficulties, and agreements with the victim F.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.