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(영문) 의정부지방법원 2016.08.25 2015고단4475
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 7, 2015, the Defendant committed a crime on November 7, 2015, with the products, such as “A” displayed at “C” located in the said marina display stand, located in Do Government-si B around November 16, 2015, and was stolen without calculating it from the said marina calculation unit, without calculating the amount of KRW 116,80 in the victim D Management.

2. On November 09, 2015, the Defendant: (a) committed the crime committed on November 17:45, 2015; (b) committed the theft, without calculating the amount of 6,700 won of the Victim D Management, which was displayed in the said Mart display stand at the place indicated in paragraph (1) around November 17:45, 2015.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements of D;

1. Photographs of damaged articles;

1. Application of the receipt statute

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 of the same 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution: The sentencing factors under each subparagraph of Article 51 of the Criminal Act, such as the fact that the thief was committed on two occasions, that the victim was not guilty, that the value of the theft was not so significant: The fact that the value of the theft was being treated with a mental disorder, that the defendant was being treated with a mental disorder, and that the defendant’s age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are determined as above.

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