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(영문) 전주지방법원 2016.10.05 2016고단1187
절도
Text

A defendant shall be punished by imprisonment for six months.

except that 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 11:03 on May 12, 2016, the Defendant consulted on the purchase of ear at the E sales store for the victim’s precious metal located in Da 1st, Y-gu, Y-si, Y-si, Y-si, with a view to taking about KRW 300,000 won in the market price of the victim’s possession, which was displayed by taking advantage of the distortion of surveillance by the victim, from that time until June 7, 2016, the Defendant committed a theft by bringing about approximately KRW 3.8 million in the aggregate market price of the victim’s ownership, such as the list of crimes, by the same method until June 17:30, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer made to D, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of the scene of the crime, and unclaimed articles related to seizure, and gold of the place of disposal of stolen articles shall be subject to investigation;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Review of the sentencing criteria;

(a) Type 1, 2, and 3 (Scope of Recommendation) for thief for general property (Scope of thief for general property) and Type 2 (General thief for From February to October) for special mitigation (special mitigation) for living crimes (special mitigation) for whom no penalty is imposed;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than two months from January to June 10; and

2. The defendant has committed a theft repeatedly on several occasions, and the total amount of the stolen goods is not much specified, due to unfavorable circumstances to the decision of sentence of sentence.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant does not want the punishment of the defendant by mutual consent with the victim, and that the defendant has no record of criminal punishment due to the same crime.

The above circumstances and the Defendant’s age, character and conduct, environment, motive, means, and result of the crime.

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