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(영문) 인천지방법원 부천지원 2015.12.29 2015고단3202
절도
Text

A defendant shall be punished by imprisonment for six 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

On November 12, 2015, at the underground parking lot located in Seocheon-gu, Seocheon-si, Seocheon-si, 03:50, the Defendant discovered that the victim B was divingd within the victim's vehicle DM5 car, and found that the victim B opened the car driver's seat without correction of the above vehicle and stolen the above vehicle's total amount of KRW 1,450,000, total of KRW 270,000, cash amounting to the victim's possession from the main machine of the victim, and KRW 980,000, market price of KRW 200,000, market price of KRW 1,450,000.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes concerning the photograph of damaged articles, records of seizure and list of seized articles;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 333(1) of the Criminal Procedure Act for the Return of Victims [the scope of recommending punishment] [the grounds for sentencing of Article 333(1) of the Criminal Procedure Act [the scope of recommending punishment] mitigated area (4 to 10 months) (special mitigation] [the defendant] was not subject to punishment (the decision of sentencing]. The defendant committed a second offense despite having been punished for the same kind of offense

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee shall be determined by taking into account the following factors: the defendant's recognition of facts charged and the victim does not want punishment against the defendant, etc.

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