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(영문) 전주지방법원 2017.07.05 2017고단1007
절도
Text

A defendant shall be punished by imprisonment for six 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

1. On May 26, 2017, at around 20:15, the Defendant: (a) cut off the “E” of the victim D’s operation in Kim Jong-si; (b) caused the victim to display the victim at a locking door to the door by putting the victim in front of the locking door in order to display the victim’s surveillance negligence; and (c) destroyed the victim with two bits equivalent to KRW 100,000 at the market price of the victim’s possession.

2. On May 27, 2017, at around 09:55, the Defendant: (a) cut off a brushter adjacent to the building of “(oil) Seongdong Farming Co., Ltd.” located in 79, Dong-si, Kim Jong-si; (b) a 40kg g 1 bom g 1 bom in the market price of the Victim’s G, which is located in the vehicle of Fwing and Ⅲ, parked at that place, with a brush attached to the victim’s car of cleaning 280,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Invoice;

1. A report on internal investigation (a case accompanied by a receipt for damage);

1. Application of Acts and subordinate statutes on internal investigation reports (to attach a photograph by cutting off on-site CCTV images) and investigation reports (to attachCCTV);

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

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

1. The scope of the recommended punishment in accordance with the sentencing guidelines for the first crime [the scope of the recommended punishment] ; the scope of the punishment [the scope of the recommended punishment ] ; the scope of the final punishment due to the aggravation of the punishment for the majority of the general property who is not subject to the punishment for the second type [the scope of the punishment for the general property] ; the basic area (six months to one year and six months) (the person subject to special sentencing] ; the scope of the punishment for the general property [the scope of the recommended punishment] ; the mitigation area (4 months to ten months); the mitigation area (the person subject to special mitigation] ; the scope of the final punishment due to the aggravation of the punishment for the

2. The fact that the Defendant repeatedly committed the instant crime despite the fact that he/she had been punished for the same kind of crime several times, and that he/she was unable to agree with some victims (G) is disadvantageous to the Defendant.

However, it is difficult to see that the defendant reflects the crime in depth, that the theft is professional, that the amount of theft damage is not significant, and some victims (D) are victims.

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