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(영문) 광주지방법원 2016.03.25 2016고단164

절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 13, 2015, at around 12:40 on November 13, 2015, the Defendant: (a) committed theft with 3 white lines equivalent to the market price of approximately 90,000 won in the air condition in the air condition of the D Hospital in Gwangju Mine-gu; and (b) in the case of the victim E and other hospital-related persons; and (c) stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, and C;

1. Application of Acts and subordinate statutes on white photographys;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The fact that the defendant again committed the instant crime under the conditions that the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has a variety of criminal records, is not that of the crime liability.

However, considering the following facts, the defendant reflects his mistake, is being treated due to depression, shock disorder, etc., the damaged goods of this case are three white times, the damaged goods were immediately returned at the scene of crime, the injured party does not want punishment against the defendant, and the terms and conditions of various sentencing, such as the defendant's age, sex, health status, family relationship, economic situation, etc., and the scope of the recommended sentencing guidelines of the Sentencing Commission of the Supreme Court is between 4 and 10 months (the mitigation area among the types of larceny in general property).