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(영문) 의정부지방법원 2016.04.06 2015고단4998
절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 2015, the Defendant removed 1,649,000 won of the market price of the victim (ju) Cost Cost, Ltd. at the Cost, Ltd store located in Seoul, from the market price of the Republic of Korea, and then stolen it by inserting it in the preliminary bank prepared.

2. On December 9, 2015, around 15:45, the Defendant removed 1,538,99 won in total from the market value of the victim (ju) coco-owned in the Co-ownership of 1,538,99, in light of the Corstco Co-owned Co-owned 489, Co-owned 489, Co., Ltd., the Defendant: (a) placed 1 punishment in arms; and (b) placed 1 punishment in a prepared bank, and stolen it.

Summary of Evidence

1. Defendant’s legal statement

1. Application of the C-Written Acceptance Certificates and the Acts and subordinate statutes governing damaged photographics;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts of 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. On December 12, 2014, the first head of the charge of the suspended sentence stated that the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for larceny on December 12, 2014, but this is a clerical error of one year in the suspended sentence of six months, and the above judgment became final and conclusive on March 17, 2015.

Article 62(1) of the Criminal Act (The following favorable circumstances);

1. The scope of the final sentence due to the aggravation of punishment (from June to one year and six months) in the basic area (the final sentence due to the aggravation of punishment) (from June to one year and six months): 10 months to two years (the sentence decision] imprisonment for six months, the defendant for two years in the suspension of execution may have the same criminal history, and each of the crimes of this case is heavier than that of this case during the suspension of execution of the same kind of crime. Furthermore, the punishment of this case is heavier than that of this case.

However, the defendant's mistake is unfolded and reflected in depth, and mental illness such as the defendant's shock disorder is specified in each of the crimes in this case.

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