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(영문) 인천지방법원 부천지원 2017.02.03 2016고단3295
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 becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant, while making soup soup with or without a certain occupation, took all the money and used for resolving board and lodging, the Defendant opened an unsatisfy door and raised an unsatisfy door and received money stored in the vehicle to steal the cash.

1. On April 29, 2016, the Defendant: (a) opened a trop gate that was parked on the front side of the road in Seocheon-si, Seocheon-si, the victim D, who was parked on the front side of the road, and opened a bitra XG, which was owned by the victim; and (b) removed 409,000 won in cash, the victim’s possession, within the wall that was located on his/her will;

In other words, they stolen them.

2. On December 4, 2016, at around 12:30, the Defendant: (a) opened a door-to-faceless driver’s seat that was parked in G parking lots located in Seocheon-si F; (b) and (c) stolen KRW 150,00,00, the cash owned by the victim, who was kept by the buyer, entering the said door.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of H and D;

1. Image photographs of each on-site CCTV;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

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 ( considered circumstances favorable to the defendant);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Sentencing criteria;

(a) Crimes Nos. 1 and 2 / [the scope of recommendations / [the scope of punishment ] 2 types of larceny for general property (general larceny) (4 months to 10 months) (special mitigation) and no penalty is imposed;

(b) The scope of final sentence due to the aggravation of multiple offenses: April to January; and

2. Determination of sentence: (a) the number of larceny crimes in this case is two times; and (b) the Defendant had a record of having been sentenced to a fine of KRW 500,00 as an attempted larceny in 2013; and (c) the Defendant’s friendship was injured and agreed with the victims.

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