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(영문) 대구지방법원 서부지원 2017.11.16 2017고단2489

절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 13, 2017, the Defendant: (a) around 15:46 on October 13, 2017, at the “E” bank operated by the victim D in Daegu-gu, Daegu-gu, as if he/she purchased gold stuffs, etc.; (b) had the victim purchase 18k gold stuffs, which are the victim’s possession on the display site, at one, 18k wings, and 18k wings, total market prices of 3,625,00 won, such as 18k gold bullions, and then stolen the damaged goods by using the gaps in which the victim’s surveillance was neglected.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 3 through 15, 23, 24, 36);

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 suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommending punishment] : (a) the mitigation area (4 to 10 months) of Class 2 (general larceny) of the mitigation area (4 to 10 months) of the mitigation area / [the person who is subject to special mitigation] the non-prosecution of punishment [the decision of sentence] of the defendant who committed a crime as stated in the judgment of the court below is highly likely to be subject to

However, in light of various circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, circumstance after the crime, etc., it appears that the defendant had committed the crime as indicated in the judgment, the victim would not want the punishment, the defendant's depth is against his mother, and the mother of the defendant wants the defendant's wife, etc., the punishment like the order shall be determined in consideration of various circumstances, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc.