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(영문) 의정부지방법원고양지원 2020.09.21 2020고단1113
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 8, 2020 from around 16:25 to 16:55 on the same day, the Defendant stolen goods of the sum of KRW 126,00,00 by carrying 126,00,00 in the car of the said marina, the victim owned by the victim, who had been displayed for the purpose of selling the goods above the product display stand at the stand stand, for example, shacks, shacks, milk, handblings, spacks, spacks, books, and eggs, which were prepared in advance, without calculating the amount by the method of making it difficult to cover the goods with the clothes prepared in advance. The Defendant cut off the string, the victim’s property owned by the victim, the raw water, and the raw water continuously displayed at the front of the marina entrance, by carrying the said marina employee’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as the details of damage the victim submitted in the E statement, the investigation report of re-issuance receipts (Dma CCTV data), and photographs of CCTV images;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the thief for general property [No. 1] the thief [Special Convict] - The elements of mitigation [the scope of recommendations and recommendations] the area of mitigation [the scope of mitigation], the area of mitigation of punishment [the grounds of suspension of execution], the area of imprisonment with labor for one month to six months [the grounds of suspension of execution] - The major reasons for suspension of execution: the source of punishment (including efforts to recover from personal damage or recover from damage] - The grounds for general pride are minor damage, there are no criminal records of suspension of execution or more, and social relation is clear.

3. It is necessary to punish a defendant who has been sentenced to punishment for larceny several times.

However, considering the sentencing factors favorable to the defendant, the sentencing factors, such as Paragraph 2, should be determined within the scope of the recommended sentencing, and the execution of the sentence will be suspended.

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