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(영문) 인천지방법원 2017.06.07 2016고단9154
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

When economic circumstances have become difficult due to the loss of occupation, the defendant had tried to steal others' vehicles parked on the way in the new wall hours, such as yellow and black boxes, in order to cover living expenses.

From October 11, 2009 to October 12, 2016, the Defendant stolen property equivalent to KRW 8,660,000 on 23 occasions in total from October 11, 2009 to October 12, 2016, which was recorded in the list of crimes in the annexed sheet, such as destroying the first window of D vehicle parked by the victim C to an unfluened tool, and putting the hand into the inside, and stealing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, C, G, H, J, K, K, L, M, N, P, Q, R, T, U, V, W, X, Y, and Z;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (verification, etc. of information on subscribers to seized articles);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes, and Article 329 of the Criminal Act;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection;

1. The reason for sentencing Article 333(1) of the Victim Return Criminal Procedure Act (hereinafter “victim Return Criminal Procedure Act”) committed the instant crime, which steals an illegal construction installed in a large number of vehicles over several years, in light of the method and frequency of the crime, and the scale of the damage, etc., the nature of the crime is very poor, and the victims’ damage was not recovered. However, the Defendant was the first offender with no criminal history, but there are circumstances to consider the motive and circumstance of the instant crime, and a large number of negative payments were returned to the victims. The Defendant agreed with the victim C, AA, and N did not want the Defendant’s punishment.

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