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(영문) 청주지방법원 2020.09.10 2020고단184

절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On December 4, 2019, from around 15:04 to 16:13, the Defendant: (a) opened the clothes 213 in front of the Defendant’s possession of the victim D, which was the victim D, and stolen KRW 50,000,00 in cash in the Cheongju-gu, Seowon-gu, Seowon-si, Seowon-si, Seowon-si.

2. On the same day from 16:04 to 16:13 of the day, the Defendant opened a 54-day divers from the date divers possessed in advance at the same place as Paragraph 1, and stolen them with a diverset door, one of which was the victim E, cash, 40,000 won, credit card, and driver’s license.

3. On December 10, 2019, the Defendant: (a) from around 09:25 to around 09:45, the Defendant opened a 115 garroposium, which was located in the Haak-gun F of Chungcheongnambuk-gun; and (b) stolen cash worth KRW 5,194,000, which was owned by the victim H, located in the garrosium, from around 115 to around 09:45.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and H;

1. Application of Acts and subordinate statutes to records of the theft scene and a description of the photograph;

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

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

1. Article 62 (1) of the Criminal Act;

1. Defendant should be strictly punished inasmuch as the nature and method of the thief crime of this case committed by using a dricker, etc. on a planned date for sentencing under Article 62-2 of the Probation Criminal Act is not very good and there are many criminal offenses for the same kind of offense against Defendant.

However, the defendant recognized each of the crimes of this case and reflected the mistake, the defendant did not have any record of criminal punishment since around 2012, the defendant agreed with the victims after prosecution, and the age, character and conduct, family relationship, circumstances before and after the crime, etc. of this case.