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(영문) 청주지방법원 2018.03.28 2017고단2673
절도
Text

A defendant shall be punished by imprisonment 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

On September 12, 2017, from around 19:00 to around 23:30, the Defendant indicted the Defendant as the victim E, who was located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, for a galking of approximately 36,00 square meters wide, and entered into the surrounding area beyond the steel network fence installed, and then approximately 330 square meters, due to the galbbbbbbbing, the Defendant was found to have proved that the Defendant’s galbing volume was 50,00 puous ( approximately 1,500 to 2,00 puous galbing three years, the Defendant’s galbing volume was 50,00 puous (a total market price of KRW 10,00,00) over five years, but the evidence submitted by the prosecutor alone alone was proved without any reasonable doubt as to the above damage amount.

It is difficult to see that the damaged product was modified to the extent recognized by the defendant.

B Gags and put them into a household, which was stolen.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. E statements;

1. Transmission of the results of DNA identification data search by DNA identification data;

1. Application of Acts and subordinate statutes to each on-site photographs and damaged dry field photographs;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by law: Imprisonment for one to six years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment] recommended according to the sentencing guidelines for general property [the scope of the punishment] and the scope of the mitigated punishment area (the person who has been specially mitigated for April to October] [the main grounds for the suspension of execution] and the main grounds for the suspension of execution: positive reasons (the social relation is clear, and the detention of the accused entails excessive difficulty to his/her dependants).

3. Determination of sentence: A sentence of 10 months of imprisonment, 2 years of suspended sentence, including imprisonment, committed the instant crime even though the criminal defendant had committed the same criminal records, and a defendant inflicted considerable damage on the victim who was salved by the instant crime.

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