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(영문) 인천지방법원 부천지원 2017.05.10 2017고단441
절도
Text

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

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

Reasons

Punishment of the crime

On December 1, 2016, at around 20:40, the Defendant, at the making soup room of 7th floor D, located in Kimpo-si, Kimpo-si, Kimpo-si, 201, stolen the Defendant, with a total of KRW 1,450,400 on 11 occasions, in total, from around that time to February 2017, 201, with a total of KRW 90,000, the market price of which was set up by the victim E (46 years old) on the windowpande side of the frightma, the location of which was set up by the victim E (46 years old).

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, K, L, M, N, andO;

1. Application of Acts and subordinate statutes on CCTV image data;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The same sentence as the order shall be determined by comprehensively taking into account the following circumstances: the defendant’s age, occupation, sex, family relation, living environment, developments leading to the crime, circumstances after the crime, etc. under the reason of sentencing under Article 62-2 of the Social Service Order Act, and the conditions of sentencing indicated in the records.

Since 2014, the Defendant was punished for larceny five times or more by a fine.

- Without awareness of the crime, crimes were committed several times.

- The victims did not request a letter or agree with the victims.

- However, during the period of detention near the three months of this case, the defendant seems to repent his mistake.

- The total amount of damaged goods is not large.

- There is no past record of the criminal defendant being sentenced to suspended execution or more.

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