(영문) 수원지방법원 2016.11.03 2016고단5289



A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

On August 20, 2016, at around 04:56, the Defendant discovered water strings that the victim had covered with a tent in front of the said string, and used a knife knife that had been carried by the victim C, which was operated by the victim C in Suwon-gu, Suwon-si, Suwon-si, Suwon-si. The Defendant carried a knife with a knife knife amounting to KRW 19,00,000 at the market price owned by the victim.

Accordingly, the Defendant stolen the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act, even though the Defendant had been punished several times for the same kind of crime, again went to commit the instant crime. In light of the criminal records of the Defendant, the content and method of the instant crime, etc., the nature of the crime is heavy.

However, in light of the fact that the defendant's mistake is recognized, speaks against the defendant, the amount of damage is not so significant, and the fact that the victim has agreed with the victim, etc., the defendant's age, character and conduct, family relation, etc., and all of the sentencing conditions shown in the arguments