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(영문) 수원지방법원 안양지원 2017.11.28 2017고단1603
절도
Text

A defendant shall be punished by imprisonment for four 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

On March 18, 2017, the Defendant, at around 00:50 on March 18, 2017, at the male toilet of the first floor of the D PPung Si, the first floor of the CA building, “D PP room”, the Defendant stolen the Defendant, with one male wall having approximately KRW 100,000, driving license, physical card, credit card, etc., which is located on the left-hand part of the victim E, and the market price equivalent to KRW 600,00,000.

Summary of Evidence

1. Statement made to A by the police;

1. On-site photographs, DNA CCTV photographs, F apartment CCTV photographs, and F apartment CCTV images [the defendant, who entered the facts of the crime, did not cut off but did not cut off;

However, the victim left the toilet and returned to the toilet again, and the victim's empty wall was found in front of 637 F apartment house between the dwelling of the defendant at the above time, and the victim's empty wall was found in front of 637. In light of the fact that the defendant's head is well-known toward the entrance of the above well-known box and the head is outside the arm's length toward the entrance of the above well-known box, it can be acknowledged that the defendant stolen the above wall.

Application of 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommendations in the sentencing criteria] - - Fundamental area (from April to August) of types 1 (the theft of neglected water, etc.) for general property - No person who is in charge of special sentencing: None of [decision of sentencing] - The defendant is the primary offender - The defendant is the primary offender - Unfavorable circumstances: The fact that there is no agreement with the victim;

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