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(영문) 수원지방법원 2017.01.25 2016고단2682
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 6, 2016, the Defendant, around 16:00 on March 6, 2016, found one bicycle equal to KRW 336,00 in the market value, which is the victim’s possession of the victim who was placed adjacent to the citizen hall located adjacent to Osan-si, the citizen hall located adjacent to Osan-si, and did not take necessary procedures, such as discovering one bicycle, and returning it to the victim.

2. On March 8, 2016, at around 11:00 on March 8, 2016, the Defendant stolen, with one cellular phone and one national card equivalent to KRW 1,00,000 in the market price, which is located within the victim’s possession, which is located in D, in order to raise the gaps in which the victim F is able to do so, in other words, at around 11:00 on March 8, 201, the Defendant stolen with one driver’s license, one motor vehicle license, and one cell phone with a cash of KRW 10,00 in the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, damaged photographs, and CCTV images;

1. Article 360 (1) of the Criminal Act applicable to the crime (a point of embezzlement of deserted articles in possession) and Article 329 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the Defendant’s behavior at the time of committing the crime, etc. acknowledged by evidence duly adopted and investigated by the court as to whether the Defendant has a mental disorder under Article 333(1) of the Return Criminal Procedure Act, the fact that the Defendant was in the state of having no or weak ability to discern or make a decision on the symptoms, such as intellectual disability and alcohol addiction, etc.

It is not visible.

On the grounds of sentencing, the methods, contents, degree of damage, circumstances after the crime (not being used by the victims), the defendant's attitude and health status, the criminal records and the relationship before and after the crime (be punished for the same crime before 2006, but there is no record of criminal punishment thereafter) are shown in other records and arguments.

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