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(영문) 대전지방법원 공주지원 2018.12.21 2018고단407
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 19, 2018, at around 16:00, the Defendant, while engaging in community service activities in C, which was located in B, went to the church distribution on the first floor underground, and reported LG smartphones equivalent to KRW 300,000 in the victim D's market price on his/her own.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Official text requesting an investigation;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victims concerning reasons not requiring punishment and the market price, etc. of damaged goods);

1. The relevant Article of the Criminal Act, Article 329 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. Application of the sentencing criteria [Scope of the recommended punishment] The area of mitigation (from April to October) in the area of mitigation (the area of general larceny) for the general property is not subject to punishment;

2. The scale of damage to the sentence of sentence is small, damage has been returned to the injured party, and the injured party has not been punished for the accused.

However, while the defendant had a number of criminal records for the same kind of crime, it is not most likely that the crime is committed because he has given community service in accordance with the ruling.

Nevertheless, through the written opinion submitted after the submission of the trial proceedings, the Defendant “the victim has been punished for the infringement of the right to report.”

U.S.C.

“” has shown the attitude of consciousness.

Even if the defendant is punished by a fine by a fine, any correction or adaptation corresponding thereto cannot be expected.

Therefore, the sentence of imprisonment shall be imposed on the accused, and the sentence shall be imposed as ordered by comprehensively considering the above favorable circumstances and the records of the accused's age, sex, environment, occupation, family relationship, and various sentencing conditions as shown in the trial process.

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