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(영문) 대전지방법원 서산지원 2018.11.22 2018고단951
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 02:10 on August 31, 2018, at the rate of 16 (5 Kg and 40,000 won per unit of 5 Kg and 40,000 won per unit) the market price of the victim’s possession in a cooling house located in the E-cafeteria parking lot operated by the victim D, which is located in Seosan City, is equal to 6,40,00 won.

In other words, they stolen them.

2. The Defendant, at around 03:18 September 6, 2018, deposited in a restaurant parking lot as described in paragraph (1) at around 03:18,00 the Defendant’s share of four ball powder powder powdering four (5 Kg per unit, 40,000 won per unit) at the market price of the victim’s share in a cooling house located in the restaurant parking lot as described in paragraph (1).

In other words, they stolen them.

3. The Defendant, at around 05:55 on September 7, 2018, deposited in the restaurant parking lot as set forth in paragraph (1) at Seosan-si, Seosan-si, in the form of two ball powder powder (5 Kg per unit, and 40,000 won per unit) at the market price of the victim’s possession, which is located in the restaurant parking lot as set forth in paragraph (1) at Seosan-si.

In other words, they stolen them.

Accordingly, the suspect stolen the property equivalent to 880,000 won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the analysis of CCTV around the scene and crimes related to additional crimes), CCTV images;

1. A list of reports on occurrence of accidents and the list of reported cases;

1. Application of statutes on site photographs;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes [the scope of recommendations] No. 2 types of larceny for general property (general larceny) (6 months to 1 year and 6 months) basic area (the person who is subject to special sentencing)

(b) Criteria for handling multiple crimes: Imprisonment with prison labor for six months to two years;

2. The nature of the crime is bad in that the defendant who was sentenced to three times a fine for the same kind of crime has committed each of the crimes in this case, even though he had been sentenced to three times a fine.

However, it is against the fact that the defendant is able to make a mistake and reflect it through detention for a considerable period of time.

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