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(영문) 광주지방법원 해남지원 2019.05.16 2019고단62
절도
Text

A defendant shall be punished by imprisonment for four 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. On February 2, 2019, the Defendant: (a) around 10:30 on February 2, 2019, 3:00 won in cash owned by the victim and stolen KRW 360,000 in cash owned by the victim, which was located in an inner area, by opening up 8 objects, to see that the keys was posted to the victim’s 8th male spacks or sponsed by the victim D at the victim’s spacks room.

2. The Defendant, at the time, at the time, at the place specified in paragraph 1, held no less than 53 objects using the key of the 53 object box used by the victim, posted by the victim E in front of the three-round public bath room, and stolen the cash of KRW 300,000 owned by the victim from the wall at that place.

3. The Defendant: (a) opened 52 objects using the keys of the victim’s 52 stump that the victim F left in the front bath room; and (b) removed 95,000 won in cash owned by the victim from the wall located there, at the time, place, and place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and D;

1. Investigation report (the No. 11 of the evidence list);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Each theft against the victim D and F [decision of types] thief for general property [Type 2] general larceny [No person] [the scope of recommendation and recommendation] basic area, 6 months to 1 year and 6 months;

B. Theft against victims E [Determination of Punishment] thief for thief for general property [Type 2] general larceny [Special thief] mitigation element: Non-members of punishment [Recommendation and Recommendations] mitigation area, imprisonment with prison labor.

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