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(영문) 전주지방법원 2018.07.20 2017고단2433
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2017, the Defendant: (a) around 05:30 square meters in E Building F, the residence of the victim D located in B, who was located in B, 18 K pigs (18K2 , 18 KK 5 , 18 KK 18K 5 , and 40,000 won in total, (b) the sum of net gold 20,326,000 won owned by the victim and 8,326,000 won in an indoor cremation room (b) the instant net gold 2, 30,000 won in total, 15,000 won in male 15,000 won in total, 300 won in total, 912,800 won in 9,80 won in total, and 18 KM 18,000 won in total, 10,000 won in total, 18,000 won in precious metals (10,000 won in total).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (investigation into a place of disposal of stolen property);

1. Application of Acts and subordinate statutes to the list of seized articles, the photograph of seized articles (Evidence 1 and 2);

1. Grounds for sentencing under Article 329 of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing criteria, the basic area (six months to one year and six months) of the types of larceny for general property (general larceny) (no person who is subject to special sentencing];

2. The crime of this case by which the sentence of sentence is to be sentenced is inevitable in light of the following: (a) the Defendant was committed by taking advantage of the credibility of the victim who had the board and lodging and stolen precious metals of the victim; (b) the value of the stolen water reaches KRW 9.27 million in total; and (c) most of the damage has not been recovered; and (d) the Defendant was punished for the same kind of crime.

However, it shall be considered when determining the specific sentencing of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and that he is the disabled of class 3 with delay disability.

In addition, various sentencings shown in the records of this case and the trial process, such as the defendant's age, sex, environment, occupation, motive and consequence of the crime, and circumstances after the crime.

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