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(영문) 의정부지방법원 2018.05.31 2018고단974
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 4, 2018, at around 04:30 on March 4, 2018, the Defendant, at the “D convenience store” managed by the victim C, who was displayed in front of the store by taking advantage of the gaps in which the surrounding surveillance was neglected, stolen with two exercising goods equivalent to KRW 6,000, total market price.

2. The Defendant, at around 18:00 on the same day, stolen 7,00 won of the market value, which was displayed in front of the store by the same method at a place set forth in paragraph (1) of the same day, with 3 and 2 races of event goods.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs, data, and receipts related to damaged articles;

1. Application of the Acts and subordinate statutes on CCTV image data, CCTV image data, CCTV images to capture for crime prevention, and CCTV image data for crime prevention;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to one year.

A. First-Class 1 Crimes [Scope of Recommendation] thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) The scope of the final sentence due to the aggravation of the crimes No. 2 [Scope of Recommendations] 4 months-1 years-1 years-1 years-1 years-2, which are the basic area (4 months-8 months-8 months) of the theft against general property.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, for eight months of imprisonment, the stay of execution of two years, and other circumstances:

A disadvantageous condition: A favorable condition in which the defendant can have the same criminal history and committed the crime of this case during the period of suspension of execution (the sentence of suspension of execution was invalidated after the lapse of the period of suspension of execution): this.

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