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(영문) 창원지방법원 거창지원 2018.06.01 2018고단77
절도
Text

A defendant shall be punished by imprisonment for four months.

The seized shall return to C the victim on an emergency warning flashing line.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant filed a report on the amount of KRW 200,00,000 at the 10,000 Spanish, which is located in the new location of the Defendant, and stolen the property of the victim, by using the gaps in which surveillance by the victim C was neglected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police seizure protocol and inspection protocol;

1. Results of the recycling of CCTV images;

1. Application of the Acts and subordinate statutes to explain each photograph and report internal history;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act / [the scope of recommendations] / [the grounds for sentencing of Article 333(1) of the Act / [the scope of punishment / [the scope of punishment / [the person who is specially mitigated] compared with the punishment / the punishment / the punishment / the recommended punishment : April to October [the decision of sentence] has the record of having been sentenced several times for the same crime. In particular, on September 20, 2017, the court committed the crime in this case without being aware of the fact that the court was sentenced to a suspended sentence for larceny and committed the crime in this case without being aware of the fact that the court was under the suspension period.

In addition, the defendant committed the crime of larceny committed around December 22, 2017 during the probation period, even though he/she was sentenced to a fine through a summary order, and therefore, he/she committed the crime of this case. Therefore, it is inevitable to punish the defendant with imprisonment.

On the other hand, however, the damage is relatively small, the damage is returned to the victim, the victim does not want the punishment of the defendant, and the defendant reflects his mistake, etc. are favorable to the defendant.

Other circumstances, such as the defendant's age, sex, occupation, family environment, background of the crime, circumstances after the crime, etc., shall be determined in accordance with the order.

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