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(영문) 부산지방법원 2015.05.14 2015고단1440

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 6, 2015, the Defendant stolen the cash 3,200,000 won in the victim's possession in a year by taking advantage of the gaps caused by the victim D, a customer who was aboard the taxi operated by the Defendant, who was a customer for C business purpose, due to the locking of management.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area of Type 3 (Mathth Larceny) (6-1 year) for general property [Special Mitigation] [Amount of 6-1 year] compared with the sentence of punishment not to be punished: 6-1 year [Determination of Sentence] is that the defendant repeatedly committed the crime in the same way as the case in which the defendant was punished while driving a taxi in the past, and the nature of the crime is not good.

However, a suspended sentence shall be imposed in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the motive of the crime, the age of the defendant, family relationship, support relationship, etc., and the sentencing guidelines determined by the Supreme Court's Sentencing Committee, but probation and community service shall be also ordered to prevent the recidivism.