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(영문) 인천지방법원 2018.04.25 2018고단1032
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On January 17, 2018, at around 11:00, the Defendant: (a) discovered the victim B’s D agency located in Namdong-gu Incheon Metropolitan City, by sticking to the victim’s hand and leaving a gold bar; (b) induced the victim to a alleyway; and (c) entices the victim into a alleyway; (d) “if a gold bar is fright, a gift cannot be given; and (e) deducted a gold bar fright in a finger, and then cut off five gold bar flaps in a 100 foot, using a method of changing the victim’s market price into a flab and a flab, one half of a gold bar 2 million won in the market price owned by the victim.

2. On January 17, 2018, the Defendant: (a) discovered the victim E from 34-8 location in Nam-dong, Nam-dong, Nam-gu, Incheon, Nam-dong, Nam-dong, a 34-8 location; (b) discovered the victim E from her hand, thereby approaching the victim and allowing the victim to sit in a gift; and (c) cut two gold bars at a price equivalent to KRW 500,000,000 at the victim’s market price in the same manner as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. Application of the Acts and subordinate statutes to the gold-Ban photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in Article 1 of the Decree with heavier punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of final sentence based on the aggravated punishment for each crime [the scope of recommended punishment] as indicated in the sentencing guidelines [the scope of punishment] for general property of three types (eight months to two years) basic area (the person who is subject to special sentencing] (the person who is subject to special sentencing]: 8 months to three years;

2. Each of the crimes of this case, the determination of sentence of punishment, in turn against the victims of the old-age who flown with the judgment power, is not less than that of the crime, but the criminal records of this case, including the defendant's punishment, are two times the same criminal records.

However, damage is not relatively significant, and damage is all.

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