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(영문) 의정부지방법원 2018.05.02 2017고단5793
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 2017. 6. 29. 11:40 경 의정부시 B에 있는 피해자 C이 운영하는 'D '에 들어가, 점원의 감시가 소홀한 틈을 타 상품 진열대에서 시가 합계 26,920원 상당의 과자( 마가 렛트) 1통, 마른 안주( 오징어) 1점, 육포 2점, 단팥빵 1개를 골라 자신의 가방에 넣어 두고 따로 고른 음료와 아이스크림만 계산한 뒤 마트 밖으로 나갔다.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment according to the sentencing guidelines for the Supreme Court] The basic area (from April to August) of the first type of larceny in general property (i.e., larceny in neglect) (i., larceny in general property] [the decision of sentencing] of the defendant has committed many identical crimes since 2014.

However, in light of the fact that the amount of damage caused by the instant crime is a small amount, and that the existence of the Defendant’s alcohol was urged and caused by the occurrence of the crime, the personal environment, such as the Defendant’s family environment, appears to have been somewhat affected, and that the Defendant currently is currently receiving medical treatment for alcohol in the hospital and continuously receiving medical treatment in the future, taking into account the favorable circumstances that the Defendant shows his/her will to lead a new life.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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