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(영문) 제주지방법원 2016.09.30 2016고단1594

절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 22, 2012, at around 08:20 on March 22, 2012, the Defendant: (a) cut off the victim’s market value equivalent to KRW 300,000, which is the victim’s possession of the cafeteria that was stored in the cafeteria located in the main room in the cafeteria, among E operated by the victim D, at around 08:20 on March 22, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of D, F, and G preparation;

1. Investigation report (in the case of a complainant's DNA currency results), investigation report (in the case of a witness H currency results), investigation report (in the case of a witness G currency results);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the scope of sentencing [the scope of sentencing [the thief crime, the thief military, the theft against general property, the theft against general property, the basic area (the general larceny), the imprisonment from June to June] and the following circumstances, which are favorable to the determination of punishment as set forth in the order: The facts of the crime are recognized and reflected; the crime is committed once; the crime is committed only once; the crime is committed against the fact that there is no past record of criminal punishment in the Republic of Korea: The fact that the victim was stored in the victim's restaurant room in the stolen street north, and was an important thing for the victim; the damage was not recovered; the long escape was not performed; the defendant's age, sexual behavior, environment, etc.