(영문) 수원지방법원 2020.05.14 2020고단648



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.


Punishment of the crime

On January 7, 2020, the Defendant: (a) concealed a set of 1,680,000 won in the market price displayed in the above store between clothing warehouses by the victim C in Suwon-si, Suwon-si B department stores; (b) concealed a set of 1,680,00 won into one’s own store and went away from the store.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 4 and 5 of evidence lists);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than six years;

2. Scope of recommending punishment according to the sentencing guidelines: Imprisonment with prison labor for not less than one month but not more than six months (decision of types): Larceny in general property, and types I [Special Convicts] mitigation element: Reduction element: Non-taxation of punishment, aggravation element: None of mitigation area [Recommendation Area].

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence, in spite of the past six times or the past six times or the past six years, the defendant again commits the crime of this case without any scambling, and such crime shall not be mitigated;

However, in light of the fact that the damaged goods of the instant crime were returned to the victim, and the victim expressed his intention that he does not want the punishment of the Defendant in this court, etc., it shall be taken into account somewhat favorable circumstances for the Defendant. In addition, considering the following factors: the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, etc., the sentencing conditions and sentencing guidelines revealed in the trial process of the instant case, and the degree of punishment for similar cases, the Defendant shall be sentenced to the suspension of the execution of the sentence only once on condition of community service rather than the sentence imposed by the Defendant.