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(영문) 인천지방법원 부천지원 2015.08.26 2015고단1898
절도
Text

A defendant shall be punished by imprisonment for six 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

At around 02:00 on July 8, 2015, the Defendant: (a) cut off one cell phone of 50,000,000, the market price of which is equivalent to KRW 900,000,00,000, from other victims’ booms in a park located in the scambane in Seo-gu Incheon Metropolitan City, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to entries in the seizure record;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Punishment not for the mitigated area (six months to one year) [Special Mitigation] [Pronouncement Decision] of the mitigated area of general property : The defendant seems to have led to the crime in this case, and have divided his errors, and the defendant has agreed with the victim and has recovered from the damage: Unfavorable circumstances such as the fact that there are multiple criminal records of property including the criminal records of the same kind of crime committed by the defendant, but considering the age of the defendant and the degree of damage, etc., the punishment shall be determined as per Disposition within the scope of sentencing criteria after comprehensively taking into account the circumstances under Article 51 of the Criminal Act, including the fact that the defendant has been punished for the same crime.

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