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(영문) 광주지방법원 목포지원 2017.09.05 2017고단909
절도
Text

A defendant shall be punished by imprisonment for six 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 July 27, 2017, the Defendant was parked in front of the road located in Sinpo City D around 05:30 on July 27, 2017.

F Doing that the first door of the F Tbluri passenger vehicle was opened, and the victim C owned by the victim C was stolen with 490,000 won in cash, the market price of which is 150,000 won, cosmetics equivalent to the market price, one card tag in the city and one book.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. Each investigation report (the sequence 5 through 11, 15, 26 of the evidence list);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of evidence video CD-related Acts and subordinate statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. A crime of larceny in the area of mitigation (from April to October) (a person who has been specially mitigated) of general property, the scope of punishment recommended according to the sentencing criteria [the scope of punishment recommended];

2. Determination of sentence: 6 months of imprisonment, and 2 years of suspended sentence, despite the fact that the defendant had been punished twice for the same kind of crime, the fact that the defendant committed the crime of this case is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case, the defendant's final records of the same kind of punishment are about 11 years, and the defendant had no record of criminal punishment thereafter, and the defendant appears to have caused the crime of this case by contingently considering the fact that the head sentence of the victim's vehicle was opened at the time of this case, and that the crime of this case appears to have been committed as a living crime, and that some damage is confiscated, and thus the victim can be returned to the victim, etc., taking into account the circumstances favorable to the defendant, and all of the sentencing factors indicated in the records of this case, such as the defendant's age, environment, sex behavior, motive and means of the crime, and circumstances after the crime.

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