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(영문) 대구지방법원 김천지원 2013.03.20 2013고단139
절도
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From December 29, 2012, the Defendant thefted the victim C with a galloned 2 mobile phone in a soup Doesa-si S20,000 won, where the market price of the victim’s possession that the victim C was set up and set up in the soup Doesa-si S20,000, around December 29, 2012.

2. On January 25, 2013, around 05:29, the Defendant thefted the victim E with a gallon 2 cellular phone, the market price of the victim’s ownership, which was being charged for making soup, so that the victim E was locked out in the souptototototototop sand sand, and then stolen the victim E with a galthopt 2 cell phone, which is equivalent to KRW 1,089,000.

3. From January 31, 2013, at around 06:00 on January 31, 2013, the Defendant: (a) reported that the Victim F was locked at a soup Doestoum room; and (b) subsequently stolen the Victim F with a 2 mobile phone with the market price equivalent to KRW 990,000 in the market price owned by the victim located there.

4. From February 5, 2013, around 02:00 on February 5, 2013, the Defendant stolen the victim G with one cell phone in a galthopt ju, the market price of the victim’s possession, which was being filled with the galthopt, in a soup dump dump room, and was 80,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of G, C, E, and F;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of damage);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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. 보호관찰 및 사회봉사명령 형법 제62조의2 양형의 이유 일반재산에 대한 절도, 제2유형 기본영역 : 징역 6월∽1년 6월 다수범죄 처리기준 : 징역 6월∽2년 9월(1년 6월 9월 6월) 집행유예 여부 - 주요참작사유(부정적) : 반복적 범행, 피해 회복 없음 - 주요참작사유(긍정적) : 형사처벌 전력 없음 - 일반참작사유(긍정적) : 피해 경미 선고형의 결정 : 징역 8월, 집행유예 2년, 보호관찰 및 120시간의...

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