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(영문) 전주지방법원 2016.12.09 2016고단1809
절도
Text

A defendant shall be punished by imprisonment for six 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

"2016 Highest 1809"

1. On September 21, 2016, the Defendant: around 16:30 on September 21, 2016, at the front of a restaurant of “D” in the name of “D” located in Yansan-gu, Jeonju-si; the Defendant: (a) placed hand on the window on the side of the driver’s seat located in the E freight vehicle parked in that place; and (b) stolen the Defendant with a hand room of KRW 2.6 million in cash owned by the victim F.

"2016 Highest 1848"

2. On January 1, 2016, around 16:00, the Defendant: (a) committed a theft with a bank equivalent to KRW 20,00,00,00 in the market price where the victim G left the door on his/her own will and left the door on his/her own will; and (b) the victim G left the door on his/her own will and left the door on 1120,00,000,000,000,000 won.

Summary of Evidence

"2016 Highest 1809"

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (related to the tracking and arrest of a suspect, the tracking of the movement route of a suspect before and after the crime, the confirmation of CCTV in the course of crime, and the attachment of CDs);

1. Photographs of seized articles;

1. A CCTV closure photograph 2016 high-level 1848;

1. Defendant's legal statement;

1. G statements;

1. Report on investigation (the detection of damaged goods and photographing the site of the case);

1. Application of statutes governing damaged articles and on-site photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Review of the sentencing criteria;

(a) Class 1 and 2 (Scope of Recommendation for Theft) / [Scope of Theft] general property mitigated (general larceny) / mitigated area (one month from four months to ten months of imprisonment) / [Special Mitigation] mitigated area;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months from one year to three months;

2. There are records of criminal punishment that the defendant has been imposed several times for the same kind of crime that is disadvantageous to the decision of sentence;

e.beliable;

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