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(영문) 대전지방법원 천안지원 2016.12.07 2016고합209
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. A thief: (a) around 15:00 on October 21, 2016, the Defendant: (b) concealed and stolen one disease per head of a Y in the inner part of the market value of the victim, which was located in the display stand in the “E” store operated by the victim D in Asan-si, Asan-si; and (c) concealed one disease per head of a fluor in the inner part of the market value of the victim, which was located in the display stand.

2. At around 12:20 on November 5, 2016, the quasi-Robbery Defendant: (a) committed an assault by hiding the victim’s right shoulder by hiding the victim’s blue blue at the right blue with the victim’s blue blue with a blue, which was located in the display stand, with a gap in the victim’s surveillance neglected; (b) the victim’s market price, which was located in the display stand, was 59,000 won inside theus; and (c) he concealed the victim’s blue with the victim’s blue blue with a view to evading arrest.

As a result, the Defendant abused the victim for the purpose of evading arrest while thefting money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 Reporting case management table;

1. Each photograph;

1. Application of Acts and subordinate statutes (No. 17).

1. Relevant Article 329 of the Criminal Act and Articles 335 and 333 of the Criminal Act concerning criminal facts, the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 18 years;

2. Application of the sentencing criteria;

A. Class 1 (Quasi-Robbery Determination) (Offense of Robbery) general standards, Type 1 (General Robbery) (Special Robbery) no penalty is imposed (the scope of recommending punishment) (the scope of recommending punishment from June to three years).

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