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(영문) 인천지방법원 2017.10.26 2017고단6550
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant knew that there is no CCTV in a large discount cream, and used a gap in the surveillance of security personnel, he saw that there is no CCTV in the store, which is a large discount cream, to put the high-priced cream which is displayed in liquor crums in advance.

On August 11, 2017, at around 16:02, the Defendant entered the 159 costm oil store located in Seocho-gu Seoul, Seocho-gu, Seoul, into a bank where the market price of 686,370 won in the Costm Korea owned by the victim (state) of the Costm oil Cost Korea was prepared in advance.

From that time until August 31, 2017, the Defendant, as indicated in the list of crimes in attached Form 2,516,690, had a total of 2,516,690 won, and stolen the Defendant, with a total of 11.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes by reporting each investigation and by cutting down each CCTV image images;

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

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is 【Scope of the recommended punishment】 The basic area of the general larceny [6 months - 1 year and 6 months] 【The reason for a stay of execution affirmed】 The possibility of re-offending in the event of being released to society.

On the other hand, it is necessary to give an opportunity to reorganize a specific symbol so that the defendant can return to a social person through treatment within society only once, taking into account the cooperation in the investigation of the crime for consumption, the lack of proof of reinforcement, the reflection of detention, the rest of the defendant's good sex, etc.

However, it is necessary to prevent recidivism in light of the records of the same type as the intelligent water system, the non-fluorous life, the lack of social ties, and the poor recovery of damage.

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