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(영문) 인천지방법원 2020.06.12 2020고단404
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 11, 2019, the Defendant: (a) committed the crime at the third floor parking lot of the Cmotor Vehicle Trading Complex in Namdong-gu Incheon Metropolitan City around 16:10 on December 11, 2019; (b) committed the theft by using the gap in surveillance in which the victim D was neglected while driving as if he/she would purchase the E motor vehicle; and (c) by using the gap in surveillance during the Gu, he/she committed the theft by means of changing the smart height of the e motor vehicle in an undeveloped market price of the victim, which is the victim’s ownership, from other e-mail vehicles prepared in advance by the Defendant.

2. On December 14, 2019, the Defendant: (a) around 21:58 on December 14, 2019, at the places indicated in the foregoing paragraph (1) at around 21:58, the Defendant: (b) opened a vehicle door of Eenz’s car at the market price equivalent to KRW 26.3 million, which was the victim’s possession, parked at such places using a stolen smart key; and (c) took a theft by driving the vehicle at the city with the driver’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning the closure of each field CCTV course;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to nine years from the date of imprisonment in the scope of punishment by law;

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

(a) Basic crimes and concurrent crimes (each thief) types of thief (one thief) types of thief on general property; [2] General thief (2) Special thief (3): In the area of recommendation and the area of mitigation of punishment (one thief) and the area of mitigation of punishment (one thief (one thief)

(b) Four months to one year and three months from the date of recommendation according to the standards for handling multiple crimes;

3. Although the determination of sentence of this case is inferior to the nature of the crime of this case, the defendant shows his attitude to recognize and reflect the crime of this case, there is no record of the crime exceeding the fine of the defendant, and the defendant wishes to punish the defendant by agreement with the victim.

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