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(영문) 인천지방법원 2015.06.19 2015고단2302
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 8, 2015, the Defendant: (a) around 15:10, the second floor of multi-household housing located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with one panty panty typ in the market value, which the victim C came up to build quickly; (b) on the third floor of multi-household housing located in the vicinity by the same method, the Defendant cut off each floor with one panty panty typ in the market value equivalent to KRW 10,000 owned by the victim D from the first floor of nearby multi-household housing, and two panty panty typ in the market value owned by the victim F (one panty typ and one typ) from the first floor of nearby multi-household housing with two panty typ in the market value owned by the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seized articles and photographs thereof;

1. E statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim C telephone investigation), investigation report (victim F telephone communications);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines: Class 1 crime [Scope of the recommended sentence] 2 crime for general property which has no basic area (6-1-6 months) (6-1-6 months) (the scope of the recommended punishment] 3 crime which has no basic area (6-1-6 months) for general property / the scope of the recommended punishment / the scope of the mitigated punishment for general property / the mitigated area (4-10 months) for types 2 (general larceny) (6-1-6 months) (the scope of the recommended punishment / the scope of the recommendation punishment / the mitigated area for general property / the mitigated area (4-10 months) for types 2 (general larceny) and 3 (the scope of the final sentencing according to the aggravated punishment due to the aggravated punishment of the general property which has not been punished: June-2 to June 10

2. The fact that the Defendant recognized the instant crime and reflected the sentence, the victim E and F did not want the Defendant’s punishment, and the fact that the amount of damage is not high is favorable, and the Defendant committed the instant crime even though he had the record of punishment for the same kind of crime, is disadvantageous.

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