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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. 절도 피고인은 2018. 5. 5. 02:45 경 부천시 부천로 54번 길 23에 있는 흥 천공원에서 피해자 C가 술에 취하여 자고 있는 것을 발견하고 주위의 감시가 소홀한 틈을 타 피해자의 바지 뒷주머니에서 피해자 소유의 현금 25,000원, 주민등록증 1 장, 운전 면허증 1 장, 현대 BLU 맴 버쉽 카드 1 장, 농협 신용카드 1 장, 신한 신용카드 1 장 등이 들어 있는 시가를 알 수 없는 검정색 닥스 반지 갑 1개를 꺼 내 가 절취하였다.
2. On May 10, 2018, the Defendant acquired a new physical card lost by the victim F in E located in Bupyeong-si, Bupyeong-si on May 10, 2018.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A written statement;
1. A protocol of seizure and a list of seizure;
1. Application of seized Acts and subordinate statutes;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 360 (1) of the Criminal Act (a point of intent) and the choice of imprisonment, respectively;
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. According to Article 62(1) of the Criminal Act, for the reasons of sentencing under Article 62(1) of the suspended sentence, the sentence identical to the disposition shall be determined by comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime
- The Defendant has been sentenced to eight times or more to imprisonment with prison labor for a larceny-related crime.
Nevertheless, without doing anything, each of the crimes of this case has been committed again, but the defendant has recognized all of his mistake.
- mental disorders are Grade 3, and such disabilities are likely to have an impact on the defendant's crime.
- The amount of damage is not so big and all the victims' damage.