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(영문) 대전지방법원 공주지원 2016.05.13 2015고단419
절도
Text

A defendant shall be punished by imprisonment for six 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

1. On June 8, 2015, the Defendant: (a) around 04:44 on June 8, 2015, 2015, around 04:44, the Defendant she saw a bicycle bicycle with a contact equivalent to KRW 200,00 in the market price owned by the victim D, which was installed adjacent to another studio in front of the studio in the city of Gongju-si.

2. On August 2015, 2015, the Defendant: (a) around 03:00 to 04:00 on early August 2015, 2015, the Defendant: (b) carried out one bicycle bicycle of MTB equivalent to KRW 300,00 at the market price, which is the name-free winner, and was built without correcting any gaps in the E-house from around 03:0 to around 04:0 to around 00; and (c) had gone to go.

Accordingly, the defendant stolen another's property over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records and report on each investigation;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act and Articles 329 (1) of the Criminal Act and the choice of imprisonment for the 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] / There is no basic area (the period from April to August of imprisonment) (the person subject to special sentencing) of the category 1 (the theft of things, etc. neglected) for general property / [the decision of sentencing] [the defendant] has the record of punishment for the same kind of crime, and the defendant selects imprisonment with prison labor.

However, it shall be taken into account the fact that the defendant is led to confession, violates depth, and all damaged articles have been recovered, and the victim D wishes to leave the defendant's preference.

In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.

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