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(영문) 대전지방법원 천안지원 2017.09.14 2017고단1735
절도등
Text

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

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2017, around 22:00, the Defendant embezzled, without taking measures such as 700,000, jum A7 mobile phones when the victim-owned market price owned by the victim E was at least KRW 700,00,000, in front of the road located in Northern-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

2. A thief: (a) on August 4, 2017, the Defendant reported that the victim H was under the influence of alcohol on the front of the F G G cafeteria in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon, that he was in front of the F G cafeteria; and (b) used the crebs in and around the victim’s surroundings that he was under the influence of alcohol and carried the victim’s bags on his bicycle by using the crebs in and around the vicinity of the victim’s surroundings and without any fla (FREGGG) the market price of which is equivalent to KRW 500,000, and was in that place.

500,000 won, cash 10,000 won, physical clothes, etc. were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

1. Each statement or self-statement (H);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photograph image images to which a person gets a bicycle riding after theft;

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act on the crime, the choice of punishment, and the choice of imprisonment, respectively;

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 sentencing criteria for embezzlement is not set for the reason of sentencing under Article 62(1) of the Criminal Act.

The sentencing criteria for larceny shall be referred to.

[Scope of Recommendation] The mitigated range of punishment for general property (one month to one year) / [the person who is specially mitigated] of the crime of this case, the background of the crime of this case, the value of damaged goods, and the damaged goods of embezzlement for possession has been returned to the victim. The victim is not punished for the defendant. The criminal records of the defendant's criminal punishment (one time of imprisonment with prison labor for 2002, but it is not the same criminal records, and there is no other criminal records except the criminal records).

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