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(영문) 수원지방법원 평택지원 2021.01.21 2020고단2765
절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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

(b) the victim’s property was stolen by holding 10,00 won in cash owned by the victim D, which had been placed in front of the inside of the party.

B. The Defendant stolen the victim’s property by holding 320,000 won in cash owned by G, which was located in front of the inside in the place of the 1-B port, at the time and place of the 3-20,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. The application of Acts and subordinate statutes concerning theft reports, investigation reports (victim telephone calls), internal investigation reports (on-site inspection and CCTV confirmation), photo data, investigation reports (on-site CCTV analysis and on-site selection of suspects), and on-site photographs to the police seizure records;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) (Influence of each residence), Article 329 (Influence of each residence), and Article 329 (Influence of each thief) of the Criminal Act, and 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation * One-day response to the following sentencing guidelines for larceny (the crime of intrusion upon residence falls under larceny and substantive concurrent crimes, but is classified as the type of "accident larceny" and examined as follows, and thus, it does not be treated as a majority crime). 1. The scope of the recommended punishment according to the sentencing guidelines / [the type / [the type 4] the scope of the recommended punishment according to the sentencing guidelines / [the person subject to special sentencing] the mitigation element of intrusion theft [the person subject to special sentencing]: Living penalty [the scope of recommended and recommended punishment] mitigated area; imprisonment from August to June.

3. Determination of sentence: Ten months of imprisonment with prison labor and two years of suspended sentence had the record of being punished several times for the same crime, and in particular, in the case of larceny crimes in 2018 immediately before the instant case, even though the crime was committed during the period of repeated crimes, the Defendant was punished by a fine by the court, even though he was punished by a fine by the court.

Damage has not been recovered.

In light of this point, the responsibility for the crime is the responsibility.

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