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(영문) 수원지방법원 성남지원 2015.12.11 2015고단2259
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 5, 2015, the Defendant: (a) on June 14, 2015, at the vicinity of the Sungnam-gu, Sungnam-si, Sungnam-si, 925-ro 16, as Sungnam-si; (b) on the part of the victim C, acquired one lock containing a credit card owned by the victim and a transportation card owned by the victim C.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. At around 12:00 on September 21, 2015, a thief and thefting suspect invadedd the victim E’s house located in Seongbuk-gu, Sungnam-si, by opening and intrusioning the unlocked Vietnam window, and the victim’s face value under his/her own under his/her supervision was 10,000 won with 10 foot Onnuri gift certificates from that time to September 30, 2015, and invaded the victim’s house and stolen property at least three times in total, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of E and G;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 360(1) of the Criminal Act, the choice of punishment for the crime, Article 360(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The reason for the sentencing of Article 62-2 of the Criminal Act is that in the case of concurrent crimes with crimes for which no sentencing guidelines are set for which the basic area (6 months to one year and six months) of types 2 (general larceny) and no sentencing guidelines are set, the lower limit is in accordance with the sentencing guidelines for the crimes for which the sentencing guidelines are set (the decision of sentence) and the juvenile protective disposition has been received several times for the same crimes and attempted larceny.

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