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(영문) 인천지방법원 2016.04.15 2015고단6581
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 19, 2015, Defendant 2015, Defendant 1, on October 12:00 to 18:00, stolen the Defendant’s 1 set of approximately 200,000 Won-gu, Incheon, Nam-gu, and multi-household houses, where there is a door between around 18:00 and around 18:00, and stolen the Defendant’s prompt color stringrts and one set of main yellow strawing business (a total of KRW 200,00) owned by the Defendant D.

2015 Highest 7905

1. On November 16, 2015, the Defendant: (a) purchased convenience stores located in the Namdong-gu Incheon Metropolitan City E from November 16, 2015 to be a customer, and (b) purchased a crepane with the victim G, an employee, from the F convenience stores located in the Nam-gu Incheon Metropolitan City E, with the customer, put the victim’s Samsungphone A5-1 (on the part of the market price equivalent to 300,000 won) into a bar and stolen the victim’s Samsungphone A5 (on the part of the market price).

2. On November 23, 2015, the Defendant committed a crime committed on November 23, 2015, 2015: (a) committed a theft by citing one of the LG Nowon-gu (market price equivalent to KRW 2.50,00) owned by the victim, located in a social welfare center located in the area of 9-5, Nam-gu, Incheon, Namdong-gu, 566, Nam-gu, Nam-gu, Incheon, Seoul, with the view to neglecting the surveillance of the victim H.

Summary of Evidence

2015 Highest 6581

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographss of damaged articles 2015 high class 7905;

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to photographs of each damaged article;

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. Article 62(1) of the Criminal Act on the stay of execution (the following grounds shall be considered):

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

1. Scope of punishment: One month to nine years;

2. Basic Crimes (Offense against Victims D) subject to the sentencing guidelines [the Determination of Type] 4 (Special Sentencing) (Influence of Sentencing): In the event of intrusion into places, other than indoor residential spaces, (4) [the scope of the recommended sphere] mitigation area, 8 months to June 1, and 2 concurrent crimes (victim G and H) [the Determination of Type] 2 types of larceny against general property.

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