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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1225
절도
Text

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

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

Reasons

Punishment of the crime

On March 21, 2018, the Defendant: (a) at the Dong-si store located in Bucheon-si B around 17:30 on March 21, 2018, the Defendant: (b) at the Dong-si store located in Seocheon-si B, the Defendant: (c) held the victim’s store located in the Dong-dong store in an amount of KRW 9,900 in the market price of KRW 9,900; (d) 1; (e) 1; (e) 1; (e) 1; (f) 2; (f) 3; (f) 1; (f) 12; (f) 13; (f) 9; (f) 2; (f) 9; (f) 9; (f) 9; (f) 1; (f) 1; (f) 4; and (f) 9; (f) 9; (f) 1; (f) 9; (f) 1; and (f) 2); (f) 9; (f) 9; (f) 1; (f) 1;

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Application of receipts, Defendant 1’s radioactive dust, pictures of thiefe, and nibir-related Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Determination of the same sentence as the disposition is based on the following circumstances in sentencing under Article 48(1)1 of the Criminal Act, comprehensively taking into account the following conditions in sentencing, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

- The defendant has a lot of history of punishment for the same kind of crime (four times of punishment, three times of suspended sentence of imprisonment, and three times of suspended sentence). Nevertheless, the defendant committed the same crime without being taken.

The nature of the crime is bad because of theft of things that remove or carry Nerro's house.

- However, the amount of damage is not significant, and the damage has been fully recovered.

- The defendant seems to have led to the confession and mistake of all the defendants.

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