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(영문) 의정부지방법원 고양지원 2020.05.27 2019고단2736
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Around 17:00 on January 29, 2018, the Defendant: (a) committed a theft by putting four cigarette 4 lux in the “ENUDD”, a victim D, in the “C” tobacco display stand located in Yongsan-gu, Yongsan-gu, Yongsan-si; and (b) cutting down tobacco 180,000 on a camera, which is owned by the victim D.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. CCTV-cap screen;

1. Application of Acts and subordinate statutes to report on investigation (a CCTV analysis at the scene of occurrence);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommending punishment according to the sentencing guidelines [decision on types of punishment] the scope of larceny in general property [Type 2] the basic area of ordinary larceny [the scope of recommending punishment and recommending punishment], six months to one year and six months;

2. Determination of sentence - Determination of favorable circumstances - No person who has been sentenced to suspended sentence or more - No person who has no effort to recover damage - The sentence shall be determined within the range of recommended sentence based on the sentencing criteria, comprehensively taking into account the various circumstances shown in the arguments of this case, such as the following circumstances: Unagreement, multiple theft crimes, no effort is made to recover damage, the age, character and environment of the defendant, relationship with the victim, motive and circumstances leading to the crime, the method and details of the crime, the number of

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