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(영문) 의정부지방법원 2016.10.20 2016고단3787
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 18:00 on August 17, 2016, the Defendant: (a) called “D convenience store” operated by the victim C in Namyang-si, Namyang-si; (b) called “D convenience store” as the victim’s plastic garbage bags need to be found; and (c) stolen the Defendant with approximately KRW 80,000 (1.60,000) the total market price on which the victim’s surveillance was neglected, using the gap in which the victim’s surveillance was neglected, with approximately KRW 1.60,00 in total.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Details of use of transportation cards;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes, such as CCTV closure photographs;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act / [Scope of Recommendation ] Reasons for sentencing under Article 62(1) of the suspended sentence / [Article 62(1) of the Criminal Act / [Article 62(1) of the Act on the Suspension of Execution / [Special Mitigation / [Article 1-6] mitigated area of mitigation / [Article 7(1)] : The defendant has a record of criminal punishment for larceny; while the defendant has committed another same kind of crime in a manner similar to the previous crime: The defendant is led to confession and reflect on the crime in the manner similar to the previous crime; the amount of theft has been fully reimbursed; the victim has agreed with the victim: The defendant's age, character and behavior, intelligence and environment; motive, means and consequence of the crime after the crime; and the situation after the crime, etc. of sentencing factors

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