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(영문) 대전지방법원 천안지원 2020.05.13 2020고합37
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 13, 2019, the Defendant: (a) discovered the reduction of turfs owned by D in front of C in front of Dong-gu, Chungcheongnam-gu, Dong-gu; (b) discovered the reduction of turfs in front of C in front of B; and (c) even though the said turfs were streeted around the surrounding area and the vehicle was parked, the Defendant caused public danger by setting fire by using the turfs in front.

2. At around 01:03 on November 2, 2019, the Defendant: (a) extracted the unclaimed 5 renunciation of the market value, the victim F, from the Egyll in the Dong-gu Egra, Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul; and (b) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement and D’s self-written statement;

1. Reports on internal investigation (receiving cases and on-site verification), reports on internal investigation (specific suspects), and reports on occurrence of internal investigation;

1. Application of field photographs, CCTV photographs, fireCCTV photographs, on-site and CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 167(1) of the Criminal Act (the occupation of general goods and fire prevention), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (General Goods Fire Prevention) [Determination of Types] General Criteria (Type 3] Fire Prevention (Special Punishment): Reduction of Punishment and Fire Prevention (Special Punishment): Reduction of Punishment and Punishment): Reduction area (Recommendation area and Recommendation Scope), Reduction Area, Imprisonment with labor for six months to one year;

(b) Second thie (Determination of thief) thief (type 2) thief for general property; and

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the upper limit of crimes No. 2).

(d) the range of recommendations as modified in accordance with applicable sentences: imprisonment;

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