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(영문) 의정부지방법원 2020.05.11 2020고단39
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

On December 5, 2019, the Defendant: (a) 18:55 on December 18, 2019, the Victim C, which was operated by the Government-si B, put in the D convenience store, one in the market price in which the air condition displayed at the air cooling, and one in terms of market price and name, one in its own fluor, and 2,00 won in total in the market price in the ice fluort fluor, and carried out two in the fluor.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on occurrence of a theft;

1. CCTV images and field photographs;

1. Application of Acts and subordinate statutes to data on the analysis of CCTV images at convenience stores in cases, such as a report on internal accidents (the CCTV image reading at convenience stores);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One month to six years;

2. The scope of recommending punishment according to the sentencing guidelines (the determination of types of punishment) shall be limited to the scope of larceny [the first category] for general property, and the elements of larceny [the special sentencing], such as abandoned articles: Reduction area of punishment (the scope of recommending and recommending punishment), reduction area of punishment (the scope of recommending punishment and recommending punishment), one month to six months;

3. Determination of sentence: The defendant has been sentenced to a fine of five times from 2014 to 2017, one year from the suspension of execution in June in 2018, and two times from the said suspension of execution in December in 2019, with the experience of being sentenced to a fine of two times in 2019, which was being sentenced to the said suspension of execution.

Although the defendant was punished several times for the same crime, the defendant committed the crime of this case repeatedly.

It is necessary to prevent recidivism through punishment corresponding to the accused's criminal liability.

However, the value of the damaged product of this case is relatively small, and the defendant has agreed with the victim smoothly, and the defendant shall meet the crime of this case after the crime of this case, and shall receive counseling to prevent the same from repeating the crime.

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