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(영문) 대구지방법원 김천지원 2017.12.12 2017고단1511
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 2017, the Defendant: (a) carried crepans in the victim 11-lane as the Gumi, as the Gumi, in the case of 22-lanes on the date on which the Defendant was unable to know between around March 2017 and April 1 of the same year; (b) carried crepans in the amount of money that could not be known as the victim’s ownership through the exit, not through other calculations; and (c) stolen them.

2. On May 28, 2017, the Defendant, around 12:50 on May 28, 2017, loaded, and stolen, inasmuch as they were strings, probs in the amount that cannot be known by the aforementioned methods.

3. On June 6, 2017, at around 14:00, the Defendant: (a) loaded, and stolen, in the foregoing manner, probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs and probs

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement of C and D;

1. Application of the investigation report (Attachment toCCTV Images), investigation report (the details of the vehicle entry into the E-Samping), and investigation report (the CCTV images for an additional crime of a suspect) (applicable to the Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Each category of larceny [the scope of recommended punishment] that is the basic area (6 months to 1 year and 6 months) of larceny for general property;

B. Application of the standards for handling multiple crimes: 6 months to 2 years (the sum of 1/2 of the upper limit of the sentence range of larceny as of June 6, 2017; 1/3 of the upper limit of the sentence range of larceny as of May 28, 2017; and 1/3 of the upper limit of the sentence range of larceny as of March 2017 through April 201)

2. The defendant who was sentenced to sentence has stolen goods from the victim marina over three occasions.

The defendant shall be punished by larceny committed in a manner similar to this case seven times.

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