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(영문) 의정부지방법원 2018.04.25 2017고단3410
절도
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

1. On July 2, 2017, around 05:45, the Defendant: (a) stolen the cre in which the victim E was locked from the Da Do Do Do Do 39, the Defendant, with the victim’s personal compromise card on the head of another victim; (b) the mobile phone case with the national bank card at the market price of KRW 150,000,000,000,000,000 won; and (c) stolen with the boom-ri mobile phone with the 600,000,000 won.

2. The Defendant: (a) committed a theft with a 7 mobile phone in a galloning jumal lusium equivalent to 600,000 won at the market price on the head of another victim’s head at the time and place specified in the “1” paragraph; and (b) at the same time,

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and F;

1. Data from field CCTV photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders / [the scope of recommendations] There is no person who has no special sentencing [the person who has been sentenced] in the basic area (6 months to 1 year and 6 months) of the type 2 (general larceny) [the decision of sentence] [the crime of this case is a theft of the hands-on phone of the victims who were divingd from the rain that the defendant uses in the public, and the crime of this case is not easy to say that the crime of this case is committed.

However, the defendant's mistake and seriously reflects the fact that there is no criminal record of the defendant who has been punished for the same kind of crime or has not exceeded the fine, and other various sentencing conditions, such as the defendant's age, sex, family environment, economic circumstances, motive, means and result, circumstances after the crime, and the scope of recommended punishment for sentencing guidelines shall be determined as ordered in a comprehensive consideration.

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