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(영문) 수원지방법원 성남지원 2018.11.29 2018고단2369
절도등
Text

A defendant shall be punished by imprisonment for not less than two 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

[criminal history] On October 25, 2018, the Defendant was sentenced to a suspended sentence of two years in October 10, 201 and was sentenced to a violation of the Narcotics Control Act in the course of committing a crime of violation of the Act on the Control of Narcotics, etc. on the part of October 2, 2018. The judgment became final and conclusive on November 2, 2018.

[Criminal facts]

1. On March 28, 2018, the Defendant: (a) connected the PC room in the company name in Sungnam-si; (b) inserted an article into the Game to sell the game machine franchising 4 products; (c) instead of having no intent or capacity to sell the game machine franchising 4; and (d) received 250,000 won from the victim B who contacted with it to the Agricultural Cooperative Account (C) in the name of the Defendant for the price.

2. 절도 피고인은 2018. 8. 24. 23:30 경 이천시 D에 있는 'E' 2.5 층 집하 장에서 작업을 하던 중 주위의 감시가 소홀한 틈을 이용하여 시가 4,400원 상당의 맥 퀸 뉴욕 에어 핏 쿠션 틴트 1개, 시가 10,800원 상당 치 카 이치 코 토 타 에스 크림 1개를 주머니에 넣어 가지고 나와 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in F and B;

1. Certificates of transfer results;

1. A damaged photograph;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation are against the defendant, the amount of damage is relatively small, the equity in the case where the defendant is judged at the same time with the previous criminal records stated in the judgment, and other factors of sentencing as indicated in the records of this case, including the defendant’s age, environment, sex, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account, and the sentence shall be determined as per the order.

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