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(영문) 대구지방법원 2017.06.22 2017고단2650

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

On May 9, 2017, the Defendant, at a prefabricated-type computer store in Daegu-gu, approximately 18:10 on May 9, 2017, at the “C”-based “E”-based stores where employees D work on the first floor of “C”-gu, Daegu-gu, where the employees were placed in the display stand by taking advantage of the gap in surveillance of other customers, and carried out one WD E-type hard disc outside the “WD E-type”-based store equivalent to KRW 100,000 on his hand.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to each investigation report (in relation to a specific suspect, taking photographs of damaged articles);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (4 months to 10 months) of the mitigated area (the general larceny) for the general property;

2. Circumstances unfavorable to the decision of sentence: The defendant, even though he had previous convictions in the same kind, has led to the confession and reflect of the crime of this case. The damaged things are small, and the victim and the defendant agree smoothly with the victim. Taking into account all the circumstances, such as the defendant's age, occupation, sex and environment, motive and background of the crime, means and consequence of the crime, and the circumstances of sentencing, such as the circumstances after the crime, etc.