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(영문) 수원지방법원 안산지원 2016.07.22 2016고단1877
절도등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On June 15, 2016, the Defendant was sentenced to a suspended sentence of two years on August 23, 2016 to imprisonment with labor for a special intimidation in the assistance of Suwon Friwon, and the judgment became final and conclusive on June 23, 2016.

[Criminal facts]

1. A thief: (a) on May 9, 2016, the Defendant: (b) on May 9, 2016, the Defendant: (c) 565 Jeju-ro No. 1 in front of the apartment door; (d) on the street in front of the apartment door, the victim B (C) was fluored with a fluoring fluor; and (e) fluored the victim’s seat. (c) On May 9, 2016, the Defendant fluored the fluoring vehicle by driving the D AX XD vehicle owned by the victim. (d) On May 9, 2016, the Defendant driven a fluor around 05:05, the head of the Sinsan-si, the 565-ro No. 1, the head of the Sinsan-si, the Masan-si, the Hansan-si, the Seoul-si Seoul Metropolitan City No. 1 to 94.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocol and list of seizure;

1. Notification of the results of regulating drinking driving;

1. Previous convictions of judgment: Reporting of previous convictions and results of confirmation, and the application of statutes governing the judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime(s) and Article 329 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the maximum and minimum limits of a long-term punishment shall be the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;

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

1. The defendant's records of crime, age, sex, family environment, motive and circumstance of the crime, circumstances before and after the crime, the injured motor vehicle was recovered and returned, and the conditions of all kinds of sentencing, including equity with the case where the judgment was rendered simultaneously with the special intimidation stated in the first head of the crime of which judgment became final and conclusive, shall be comprehensively taken into account for the reasons of sentencing under Article 62-2 (1) of the Criminal Act (the sentencing criteria shall not be applied because of a single concurrent crime under Article 37 of the Criminal Act)

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