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(영문) 수원지방법원 2017.09.28 2017고단5391
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

around 15:45 on August 18, 2017, the Defendant: (a) committed a theft of 12,000,000 won at the market price owned by the victim by driving approximately 5 km prior to G oil stations in Pyeongtaek-si, the Defendant: (b) committed a theft of 12,00,000 won at the victim’s market price in front of the G oil stations in Pyeongtaek-si; (c) under the lack of the victim’s ability to discern things or make decisions by making decisions; (d) without taking corrective devices in E-si owned by the victim; and (e) laying down the keys with the key attached to the said taxi; and (e) by driving approximately 5 km back of the G oil stations in front of Pyeongtaek-si.

Summary of Evidence

Each investigation report (Evidence No. 1 of the evidence list, distance to the place of arrest at the place of crime by a suspect, confirmation of the value of a vehicle, request for submission of a copy of a registration certificate, etc.) on 112 case report, photographs taken by a damaged vehicle of the registration certificate of the 112 report case, photographs taken by the damaged vehicle of the registration certificate of the 112 report case, photographs taken in the situation at the time of arrest of

1. Not physically and mentally weak as indicated in the judgment: The police suspect interrogation protocol, each investigation report (any circumstance in which the defendant refuses to seal a written confirmation, such as speech and behavior, notification of right to refuse to make statements, etc. at the detention room of the suspect) against the defendant, report on the trends of each confined person

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing as follows) / [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the sentence] the mitigated range of types 2 (general larceny) (4 to 10 months) [the person who has been specially mitigated] the applicable sentence and the recommended sentence: In April to October 10 [the sentence] - The above special mitigated person who is favorable to the defendant and returned the stolen vehicle, and whose damage has been restored by the return of the stolen vehicle. The fact that there was no record of criminal punishment in the Republic of Korea is reflected. - Article 51 of the Criminal Act reflects other errors.

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