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(영문) 대전지방법원 2016.01.21 2015고단3638
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 8, 2015, the Defendant discovered a handbag on the victim’s handbags in the shopping car operated by the victim E in front of the first floor of D underground floor in Seo-gu Daejeon, Daejeon, on September 14:20, the Defendant taken 170,000 won in cash owned by the victim, 170,000 won in cash, 4 merchandise coupons, 3 identification cards such as resident registration certificates, and 100,000 won in market value containing four credit cards.

In other words, they stolen them.

2. On September 20, 2015, the Defendant: (a) discovered a handbag on the part of the victim’s H in the shopping car operated by the victim in front of G2-story, G2, G in Seo-gu, Daejeon, Daejeon, on September 20, 2015; and (b) stolen it by using the gap in which the victim’s attention was neglected; and (c) using the gap in which the victim’s attention was at least one million won at the market price, one cell phone of 60,000 won, one credit card, one resident registration certificate, and two hundred thousand won at the market price containing the key of the vehicle.

3. On September 20, 2015, the Defendant found the victim’s wallets at the shopping car operated by the victim K prior to the Class II clothes store located in Daejeon Sung-gu, Daejeon, Daejeon, on September 2015, and taken off the above walletss containing cash 26,00 won, identification card 2, and credit card 3 pages.

In addition, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E, H and K;

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

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. Taking into account all the conditions of sentencing, including the following factors: One time a sentence of the same kind of punishment on the grounds of sentencing under Article 62(1) of the Criminal Act (2007), one time a suspended sentence of the same kind (2007), the frequency of crimes, such as the number of times a suspended sentence of the same kind of punishment (2007), the scale of damage, the non-existence of punishment for some victims (E), the motive and circumstance leading to the crime, the defendant's age, character and behavior environment, etc.

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