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(영문) 인천지방법원 2017.08.17 2017고단4523
절도
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2017, at around 03:52, the Defendant: (a) committed a theft of property in the aggregate amount of KRW 1,132,300 in the market price owned by the victim in the manner of bringing to the victim’s fish with sound from behind the victim C, who was under the influence of alcohol, which is equivalent to KRW 800,00 in the market price; (b) a mobile phone of an amount of KRW 280,000 in the market price; (c) a mobile phone of an amount of KRW 22,300 in cash; (d) a tobacco 2A; and (e) a flag; and (e) a flag; and (d) a fla

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Notification of the department related to the report of the 112 case, the application of the Acts and subordinate statutes governing the detection of damaged articles, photographs of the place where such articles are discovered, the intensity of suspect mobile-line CCTVs

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of punishment / [the scope of recommendations] for general property / [the three types (three to one year)] in the area of special mitigation [the person with special mitigation] / [the person with special mitigation] in advance planned to commit a living crime, a crime which is not punishable (the decision of sentence]. However, the nature of the crime is not good. However, the fact that the defendant is divided into his/her mistake, the fact that the defendant has no criminal record of the same kind and imprisonment without prison labor or heavier punishment, the fact that the defendant has agreed with the victim is considered as favorable to the defendant. It is so decided as per Disposition by taking into account all sentencing factors as shown in the argument of this case, such as the defendant's age, sex, environment

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