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(영문) 전주지방법원 2017.12.22 2017고단44
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

"2017 Highest 44"

1. On August 4, 2016, at around 16:20, the Defendant: (a) loaded 120,000 won-in-use 50,000 won-in-use fluor-in-use fluor-type fluor-type fluor-type fluor-type fluor-type fluor-type fluor-type fluor-type fluor-type fluor-

"2017 Highest 45"

2. On July 23, 2016, at around 06:36, the Defendant: (a) loaded three ringers, the sum of the market prices of the victim H in G Mart F located adjacent to G Mart owned by the Defendant, on the E truck owned by the Defendant, and stolen them.

Summary of Evidence

"2017 Highest 44"

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. Written statements of D;

1. On-site photographs and photographs of damaged articles;

1. "CCTV investigative report (related to the investigation ofCCTV) 2017 Highest 45;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A H statement;

1. Reports on internal investigation (related to the recovery of damaged articles and unexploitable articles);

1. Investigation report (field CCTV verification and investigation);

1. Application of the Acts and subordinate statutes concerning damaged photographs and CCTV closure photographs;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abstinence of intention and choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Review of the sentencing criteria;

(a) A primary area (a) of theft against general property: A primary area (a) of theft against general property; (b) 1; (c)

(b) The mitigated area (one month to six months) of the mitigated area (a person who has been specially mitigated) of Class 2 of the crime (a person who has been specially mitigated) for general property;

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for four months to eleven months; and

2. Circumstances favorable to the decision-making of sentence include: (a) the fact that the defendant recognized all of the crimes of this case in an investigative agency; (b) the value of the stolen goods is not significant; and (c) the defendant agreed with the victim of the larceny under Paragraph (1) of the judgment; and (d) the damage of Paragraph 2 of the judgment

The defendant has been subject to criminal punishment several times due to the same crime, and in particular, he/she has been subject to criminal punishment.

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