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(영문) 의정부지방법원 고양지원 2019.08.13 2019고단322
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 09:38 on February 7, 2019, the Defendant brought 630ml-one disease in the market price of 2,800 won where the air conditioning was located in the air conditioning. The Defendant brought 630ml-one disease in the air conditioning.

Accordingly, the defendant stolen the victim's property.

The Defendant, around 05:03 on December 19, 2018, 201, stolen “GG operated by the victim F of the victim F of E” at the warehouse, with two soldiers, “the total market value equivalent to KRW 8,000 in storage of the said victim.”

Summary of Evidence

"2019 Highest 322"

1. Defendant's legal statement;

1. Written statements of D;

1. On-site and photographs of damaged articles "2019Nomen587";

1. Defendant's legal statement;

1. A written statement;

1. Application of relevant statutes to on-site photographs and investigation reports (related to the correction of damaged articles among the facts of a crime);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Each thief [Determination of Punishment] thief (Type 2] thief for general property; General thief (special stief) mitigated element: Imprisonment with prison labor for 4 months to 10 months;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four months to one year (the upper limit of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for four months, and a year of suspended execution for the defendant, who stolen novels or foodstuffs in marina and had a record of four times criminal punishment in 2017 and 2018, committed the same kind of crime.

There is no circumstance to deem that the victims did not reach an agreement with them and otherwise endeavored to recover from damage.

However, the defendant committed the crime of this case.

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