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(영문) 의정부지방법원 2018.12.27 2018고단3821
절도
Text

A defendant shall be punished by imprisonment with prison labor for four 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 July 29, 2018, the Defendant was parked on the street in front of the C building D in Dongducheon-si around 00:47, 2018.

The E K5 car, which is not locked, opened a door to the back end of the E K5 car, cut off with a color door, containing 2,50,000 won in cash, 1 flamer, 1 flamer, 1 flamer, flamer, 1 flamer, flamer, 2 male clothes, 2, 2, 2, 2, 2, 2, cosmetics, cosmetics, cosmetics, and seal imprints.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written statement;

1. Data on field photographs;

1. Data from on-site CCTV images;

1. Investigation report (case concerning the details of recovery of damaged articles);

1. A copy of a management card for found articles;

1. Records of seizure and photographs of seized articles;

1. Application of CCTV-related Acts and subordinate statutes;

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 of the community service order;

1. One month to six years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Reduction elements of punishment [person who is in charge of special sentencing] Class 2 (General Larceny) (Special Sentencing) mitigated elements on general property, the scope of the recommended punishment [the scope of the recommended punishment] on the basis of the sentencing criteria: Imprisonment with prison labor for 4 months or 10 months (the scope of the recommended punishment];

3. Determination of sentence of punishment in this case and the criminal records of the defendant's same kind of crime, etc. are not less than that of the punishment;

However, the defendant shows his attitude to see and reflect his mistake.

The victim does not want the punishment of the defendant by mutual consent after receiving compensation for damage.

In addition, the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines, taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, method and mode of the crime, and circumstances before and after the crime, etc., and the execution of the punishment shall be suspended.

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