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(영문) 수원지방법원 2016.05.19 2016고단1690
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant, at the building parking lot located 23-16 Doo-ro 84 Doo-ro, Young-gu, Young-gu, Young-gu, 19:00, led the victim C's losses.

From around that time to April 8, 2016, the Defendant stolen the property owned by another person equivalent to the total market value of 5,400,000 won over four occasions, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of C, E, and F;

1. The scene of the case and photographs of damaged articles;

1. Investigation report (Securing and analyzing CCTVs at the site of the case);

1. Application of Acts and subordinate statutes to a report on investigation (verification of any such offense and on-site inspection);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) A crime falling under paragraph (1) [the scope of recommendations] a type 2 (General thief) in the mitigation area (4 months to 10 months) (special mitigation factors) in the mitigated area;

(b) Second-Class 2 (Scope of Recommendation) Crimes for General Property: Second Class (General thief) Crimes for the thief (Special thief) (2 month to October) Special Mitigation Area (Special thief) Crimes for Living, Non-Punishment of Punishment

(c) Type 3 (Scope of Recommendation ] thief for general property, which is the area of special mitigation (two months to ten months) (special mitigation) (special mitigation) / which is the type of living, the amount of punishment not to be imposed;

(d) The scope of final sentence due to the aggravation of multiple offenses: April to June 10; and

2. Although it is not good in light of the fact that the Defendant, who was sentenced to punishment twice due to theft, committed each of the instant crimes even though he had the record of punishment of fines, the Defendant recognized all of the offenses and reflects his mistake in depth, the Defendant has no record of the offense except for the above offense, and the victims Nos. 1 through 3 of the annexed list of crimes do not want to be punished by the Defendant, and they do not want to be punished by the Defendant at least 4 times.

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