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(영문) 춘천지방법원 강릉지원 2017.03.09 2016고단996
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 7, 2016, the Defendant: (a) extracted cerebral brain within the victim D’s dry field located in Samcho-si, Samcho-si on May 7, 2016; and (b) took a re-fluent method that steals and steals it only through a cresh in the victim’s surveillance failure; (c) stolen approximately KRW 1,60,000 in total of the market prices where the victim was cultivated by using the cresh in the victim’s surveillance failure; and (d) stolen 16 ppuri 15 years old ppuri.

2. On May 15, 2016, at around 22:00 on May 15, 2016, the Defendant: (a) stolen a long long-term brain in the victim Fyle field in E, and extracted fyle brain; and (b) stolen a total amount of approximately KRW 2,00,000,000 in the market price where the victim was cultivated by taking advantage of a gap in surveillance over the victim; and (c) stolen a total of KRW 20,000 in the market price where the victim was cultivated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. Application of the Acts and subordinate statutes to photographs taken by a thief site photograph, a related photograph, a photographic photo taken by a witness, a victim D-related photograph, and a CCTV to capture him/her at the house after the theft of the thief;

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

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. The scope of sentencing guidelines on the grounds of sentencing under Article 62 (1) of the Criminal Act of the suspended sentence: Imprisonment with prison labor for six months - one year and six months (the theft crime, theft against general property, theft against general property, and basic area) are minor;

Although it is difficult to see damage and has not been recovered, there was no record of punishment except punishment once by a fine on November 26, 1990, and other factors of punishment revealed in the trial process of this case, such as the defendant's intelligence, age, sex, environment, circumstances of crime, and circumstances after crime, etc. shall be determined as ordered by taking into account all the factors of punishment revealed in the trial process of this case.

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