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(영문) 대전지방법원 논산지원 2015.11.24 2015고단453

절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 01:00 on July 7, 2015, the Defendant: (a) opened a door of the Eunststy sports car at the D House located in Seosan-si, Seosan-si, and cut off, with one passbook (Account Number: G) at the market price of the victim F, who was in the said car contact head.

2. Around July 13:56, 2015, the Defendant: (a) inserted the passbook in F, which is stolen F, in cash withdrawal from the point of NAF branch located in Seosan-si; (b) removed KRW 300,000 in cash by entering the passwords entered in the passbook; (c) withdrawn KRW 1,000,000 in cash withdrawal from the cash withdrawal at the same point of dong branch of Seosan-si located in Seosan-si, Seosan-si; and (d) at the same point of 14:27,00 in the same day, from the cash withdrawal to the dong branch of Seosan-si, Seosan-si, the Defendant cut KRW 1,790,000 in cash withdrawal in the same way as at the same point of 14:27,000 in the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A victim statement prepared by D;

1. On-site photographs, photographs of agricultural CCTV screen pictures, detailed statements of transaction of damaged bankbooks, photographs of suspect CCTV screen pictures, photographs of seizure passbooks, records of seizure, and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (age routes, etc. of suspects) prepared by police officers;

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

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

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

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Recommendations based on sentencing standards;

(a) Class 1 and 2: 1) thief in respect of general property subject to recommendation scope of punishment; 2) in respect of mitigation area (from April to October) (general larceny) 2) in special mitigation area;

B. From 4 months to 1 year and 3 months from the date of final sentence due to the increase of multiple offenses, the number of sentences, and the comparison of recommended sentences;

2. The defendant shall be sentenced to a sentence;