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(영문) 대구지방법원 2017.10.19 2017고단3191
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 15, 2017, the Defendant: (a) stolen Maart operated by the victim D in Daegu Suwon-gu, Daegu-gu, A around 21:50 on May 15, 2017; (b) using the gaps in which the victim’s surveillance was neglected; and (c) stolen the victim’s market price of KRW 24,500,000, which was contained in the Maart-gu, using the gaps in which the victim’s surveillance was neglected.

On April 26, 2017, the Defendant: (a) committed a theft by taking advantage of the gap of the victim’s surveillance in his name in the bicycle boom in the “bregnite movable” located in the Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, the Defendant: (b) led one bicycle 200,000 won at the market price of the victim’s possession, which is the victim’s own.

Summary of Evidence

"2017 Highest 3191"

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Report on internal investigation (the photographing of damaged articles, the statement of suspected suspect, notification of arrest, etc.), and report on investigation (the appendix of a victim D-Submission Receipt) "4773";

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1.Report (Attachment of a photograph of seized articles) and report on internal investigation (with respect to the market price of a bicycle which is a damaged article);

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. One crime (the scope of punishment recommended in accordance with the sentencing guidelines) committed within the scope of the recommended punishment according to the sentencing guidelines / [the scope of punishment recommended] [the scope of punishment / [the two types of general larceny] in the area of special mitigation (two months to ten months), / [the special mitigation / [the scope of punishment / the case of a person who is a special mitigation / [the case of a person who is a special mitigation ] the crime of living type, the crime of non-taxation in the area of special mitigation / [the case of a person who is a special mitigation / [the case of a person who is a special mitigation / the case of a person who is a special mitigation ] living type (two months to ten months] in the area of special mitigation / the scope of final sentence due to the increase of multiple persons: February

2. Circumstances unfavorable to the decision of sentence: The defendant includes a number of sentence;

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