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(영문) 인천지방법원 2017.05.11 2017고단1698
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 16, 2014, the Defendant was issued a summary order of KRW 500,000 as a fine for larceny by the Incheon District Court.

【Criminal facts】 From the EPC room of the victim’s D operation on January 17, 2017, the Defendant: (a) around 06:15, the third floor of the Jung-gu Incheon Metropolitan City building C, the Defendant: (b) opened a cover of money receipts and disbursements in a knife in a knife with employees; (c) opened a cover of money receipts and disbursements in a knife with employees; and (d) taken up one million won in cash, the victim’s possession

In this regard, this was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Efavating the sales management program screen;

1. Previous convictions in judgment: Report on investigation (report attached to suspect's criminal records, written judgments, etc.) and replys to inquiries, such as criminal records;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation is 【Scope of the recommended punishment】 The basic area of the ordinary larceny [for not less than six months] 【Determination of the sentence】 did not recover from damage.

However, considering the fact that the same criminal history is fine once, the defendant's age, possibility of improvement, detention, etc., it is necessary to give the defendant an opportunity of re-determination so that the defendant can return to a sound member of society only once.

It is necessary to observe protection to prevent recidivism in light of the method of crime, manipulation of books for concealment, life without any address, uncertainty of working place, etc.

The execution of punishment shall be suspended for a period of one year on the condition that the punishment for six months shall be imposed within the scope of the recommended punishment and the protection observation shall be observed.

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