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(영문) 인천지방법원 2017.06.09 2017고단1469
절도
Text

A defendant shall be punished by imprisonment for four 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

On September 2, 2016, around 14:46, the Defendant stolen 4 smartphones from the 9th floor rain of D building located in Nam-gu Incheon Metropolitan City, and from the shock shock shock, the Defendant stolen 4 smartphones when galloning the market value of the victim E owned by the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (applicable to any of the Acts and subordinate statutes as the head of the D Motion Pictures Center for Cinematographic Purposes);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment in accordance with the sentencing guidelines [the type of punishment] [the scope of punishment [the person who is subject to special sentencing] of types 2 (general larceny) [the person who is subject to special sentencing] - the mitigated element: the mitigated area of self-denunciation [the scope of the recommended punishment] [the scope of the recommended punishment] from April to October [the person who is subject to general sentencing] - The mitigated element: In cases where considerable damage has been recovered, the serious reflectd;

2. Whether or not the suspension of execution [main reasons] - Unfavorable criminal records of the same kind (not more than five years of suspension of execution, not less than three times of suspension of execution or not less than three times of fine): positive: Non-performance of punishment (including serious efforts for the recovery of arbitrary damage or recovery of damage) - positive: minor damage, non-existence of criminal records of the suspension of execution of execution, self-denunciation and serious reflect;

3. The Defendant who was sentenced to the sentence has been sentenced to a 6-time fine, including a 4-time fine, before the same offense.

In light of the circumstances and methods of crimes, the defendant seems to have a tendency to steals another person's things.

However, the defendant is recognized as committing a crime in this court and is against the law.

Unlike the time of committing a crime in which the accused voluntarily surrendered to investigative agencies, and was living together with his house, he did not repeat the crime.

The scale of damage is relatively minor, and the defendant has no criminal record of suspended execution or more.

The defendant shall have a substantial portion of the amount of damage.

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