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(영문) 의정부지방법원 2018.08.17 2018고단2134
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

From October 2015, the Defendant has been working as a driver of a freight trucking vehicle in the global agency in the lot lot C from October 2015 to the present day.

On September 18, 2017, the Defendant: (a) discovered the Defendant’s door-to-door damageer who was requested from the Victim F to return to the Defendant’s door-to-door damageer who was in line with the Defendant’s home-to-door distribution of the goods at the point D, Namyang-si around 19:43, Namyang-si; (b) discovered the Defendant’s home-to-door damageer who was requested from the Victim F to return to the Defendant; and (c) used the strawner, which is an electronic device for classification of the Defendant’s home-to-door damager’s home-to-door distribution, to bring about the theft; and (d) completed the computerized registration by using the strawner, which is an electronic device for classification of the aforementioned home-to-door damageer’s home-to-door distribution; and (d) then, then, it stolen the goods at a total of 10 times from that to December 28, 2017, by the aforementioned method.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of G;

1. Details of cargo accidents, investigation reports (verification of the amount of precious metal against the victim G), investigation reports (Securing and analyzing on-site CCTV data), and application of current photograph Acts and subordinate statutes;

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

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 factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order / [the scope of punishment / [the person who has been subject to special sentencing] does not exist in the basic area (6 months to 1 year and 6 months] (the decision of sentencing] [the decision of sentence] Defendant committed the instant crime without being a person during the period of suspension of execution, and the number of victims from the instant crime is relatively large. In light of the above, Defendant’s liability is not easy for the crime.

However, the defendant recognized and depthed his mistake.

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