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(영문) 광주지방법원 2017.06.09 2017고단1659

절도

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 11, 2017, at around 20:10, the Defendant: (a) parked in front of the “Ma Society” located in the 257-gu, Gwangju-gu, Gwangju-gu; (b) stolen, with cash 270,000 won, fuel card 1; and (c) one copy of the personal taxi transport association card 20,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution to K;

1. Each police statement made against L (one time, two times) and M;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment recommended on the sentencing guidelines [the type of punishment] shall be limited to the basic area [the scope of punishment recommended] of the two types of larceny (general larceny) [the determination of the sphere of recommendation] [the scope of punishment] from six months to one year and six months;

2. Determination of sentence: The fact that there are many records of punishment for the same crime for eight months (two years of suspended sentence) and the amount of damage large;

Considering the fact that there is no record of punishment for the same crime since 2007, the fact that there is no record of punishment for the same crime, the confession of the crime later, and the fact that the wall has been returned to the victim among the damaged articles, etc., the punishment as the order shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc.