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(영문) 서울북부지방법원 2016.09.23 2016고단3344
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 6, 2016, around 00:55, the Defendant discovered the victim C who was under influence of alcohol in front of the datum of the department store Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 1414. Before finding the victim C, the Defendant cut off one 300,000 won in cash, which is the victim's possession, by inserting the victim's hand, by inserting the victim's hand, and then cutting off the victim's 2,00,000 won in cash, IBK Bank Card, resident registration certificate, and driving license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation, police seizure protocol, and photograph of seized articles;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution / [the scope of recommending punishment / [3 months to 1 year] Article 62(1) of the Act on the thief for general property / [the person who is subject to special mitigation / [the decision of sentencing] Article 62(1) [the defendant should be sentenced to severe punishment when considering the following factors: the number of offenses in the instant case is bad, and the defendant's bad attitude presented by the investigative agency after the crime is committed; however, the defendant is against the mistake; the victim does not want the punishment of the defendant; the living environment and frequency of offenses committed by the defendant is limited to one time, and the criminal record and relation of

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