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(영문) 인천지방법원 2017.10.12 2017고단2967
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 17, 2017, from around 06:00 to around 07:00, the Defendant stolen, from “D” located in Bupyeong-gu Incheon Metropolitan City, the victim E-owned market value of KRW 1 million, while carrying 10,000, and 10,000, typho chairss were prepared.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV editing photographs 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 stay of execution (The following grounds for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, 【Scope of the recommended punishment】 General larceny (Type 2): In case where the recovery of damaged goods stored on the water surface has been restored to a considerable portion of damage, it is difficult to prevent the defendant from repeating the crime due to the treatment that remains in a fine.

However, taking into account the mitigated person's considerable time gap with the past theft crime (24 years) and the failure to discover female crime, it is considered that the treatment within a prudent society is appropriate rather than final detention.

The punishment of six months shall be determined within the scope of the recommended punishment, but the execution shall be suspended for a period of one year on condition of protection observation for the prevention of recidivism.

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