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(영문) 의정부지방법원 2018.08.09 2018고단2482
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 14:30 on May 2, 2018, entered the Victim C’s Operation D, which was around 14:30 on May 2, 2018, with a gap in which surveillance by the victim was neglected, carried out as is without calculating the amount equivalent to KRW 32,780 in the market price, such as 1 strings, 1 strings and 1 strop cans and 9 strings.

Accordingly, the defendant stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on the analysis of field photographs and CCTVs;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to eight months (the scope of the recommended punishment] for general property, the basic area (from April to August) (the person who has no special sentencing person) for the theft of general property.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The unfavorable circumstances: The circumstances that have a large number of records of crime: The confession of the crime in this case, and the victim does not want the punishment of the defendant.

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