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(영문) 의정부지방법원 2021.02.05 2020고단6227
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 November 2, 2020, the Defendant, at the victim C’s house located in Namyang-si, Namyang-si, destroyed the capital card owned by another victim with a gap of neglect of the victim’s attention, and then withdrawn and stolen the cash amounting to KRW 300,000 from the cash withdrawal period located in E Association located in Namyang-si, Namyang-si, 12:14 on the same day to twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of CCTV photographs and video-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Defendant committed the instant crime under the name of the same crime, even though he/she had been recently punished three times in the name of the same crime, again committed the instant crime. Damage to the victim has not been recovered.

O favorable circumstances: The defendant does not have much profits from the crime of this case.

O) Comprehensive consideration of the health status of the defendant, family relations, age, sexual conduct, environment, relationship with the victim, motive means of the crime, results of the crime, and the circumstances after the crime, including the above unfavorable circumstances, favorable circumstances, and all the sentencing conditions indicated in the arguments and records shall be determined as ordered.

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