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(영문) 인천지방법원 부천지원 2018.12.14 2018고단1178
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2018, the Defendant opened a warehouse of goods by using a gap in the management of victims and employees at C mobile phone stores operated by the victim B in Bupyeong-gu Incheon Metropolitan City around 17:23 on April 6, 2018, and taken out one Samsung Gallon, which is equivalent to KRW 1,100,000, the market value of the victim owned by the victim, and was stored in the head of the West-gu.

Samsung Ggal ju, which is the market value of the victim owned by the victim and kept in the head of the United Si in the same manner on the same day at around 20:24,00,000 won, one mobile phone of Samsung Ggal ju

He was placed in a household which he had in advance.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs of damaged objects and CCTV-cape;

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 under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Scope of Recommendation] [No person who is subject to special sentencing] in the basic area (from June to one year and six months] (a person who is subject to special sentencing] (a decision of sentencing] (a decision of sentencing), the Defendant reflects the criminal facts, and the fact that the damaged goods have been seized and returned to the victim are the reasons for sentencing favorable to the Defendant.

On the other hand, the defendant committed the crime of this case again even though he had already received the same kind of crime or juvenile protection disposition several times, the fact that the means and methods of the larceny crime of this case are not good, and that the defendant did not agree with the victim is a reason for sentencing disadvantageous to the defendant.

In addition, the various sentencing conditions shown in the trial, such as the motive and circumstances of the instant crime, the circumstances after the crime, the age of the accused, the sex, the family relationship, and the economic circumstances, shall be comprehensively considered, and the punishment as ordered shall be determined.

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