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(영문) 수원지방법원 안양지원 2019.11.21 2019고단126
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 1, 2018, around 15:43, the Defendant stolen the victim D's market price equivalent to 15,000 won owned by the victim D, which was displayed there, by using the gaps in the surrounding surveillance in front of the garment b in Gyeyang-gu, Annyang-si, Annyang-si, the Mannsan-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A survey report (CCTV verification);

1. Application of the CCTV image photograph Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] thief (type 1] thief for general property, left alone, etc. (special stief] mitigated elements: In the area of mitigation of punishment (the area of recommending and the scope of recommending punishment) and in the area of mitigation of punishment, one month to six months of imprisonment;

2. Circumstances unfavorable to the determination of sentence: The Defendant repeated the following crimes even though he/she was sentenced to one time to suspend indictment and three times of a fine due to the larceny.

The Defendant stated that he did not respond to the request for summons several times by the court and that he led to the confession of the facts charged at the court, on the one hand, that he did not intend to pay the next value, and that he did not intend to steals, and that he did not intend to commit the instant crime, and there is doubt as to whether or not the Defendant is seriously against the instant crime.

In favorable circumstances: Compensation for damage to the victim and the victim does not want the punishment of the defendant by agreement.

There shall be no penalty power exceeding a fine.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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