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(영문) 인천지방법원 2017.11.16 2017고단7369
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from around 20:30 on August 30, 2017 to around 22:00 on the same day, opened the key to the clothes in the victim E while taking a bath to the victim E within the D6 story located in Seo-gu Incheon Metropolitan City from around August 30, 2017, and took 200,000 won in cash on the part of the victim in the wall.

In addition, from around that time to September 15, 2017, 635,000 won in cash were stolen over five times in total, as shown in the list of offenses committed in attached Table, including theft.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G and H;

1. Investigation report (victim's I telephone call);

1. Application of statutes on records of seizure and lists of seizure;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in larceny No. 5, No. 5, a year among the list of annexed crimes, the most severe punishment for which is referred to in the attached Table);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes (a) 1 and 2 concurrent crimes: thief; thief for general property; thief for general property; and 2 types (a) [Scope of recommended punishment] of imprisonment for 6 months to 1 year and 6 months (basic area);

(b) Criteria for handling multiple concurrent crimes: Six months from two years to nine months (the lowest limit shall be six months, which is the lowest limit of the scope of punishment for basic crimes, and the upper limit shall be nine months, which is 1/2 of the upper limit of the scope of punishment for primary crimes, and six months, which is 1/3 of the upper limit of the scope of punishment for secondary concurrent crimes, in one year and six months, which is the upper limit of the scope of punishment for basic crimes);

3. Determination of sentence: Cash shall be given using the key to clothes of the victims, which was stolen or acquired by deceiving the victims, for six months of imprisonment and two years of suspended execution.

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