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(영문) 창원지방법원 2016.12.28 2016고단3558

절도

Text

A defendant shall be punished by imprisonment for six 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 September 21, 2016, around 10:22, the Defendant: (a) committed a theft by taking advantage of any gaps in the vicinity of the building of the Kimhae-si General Social Welfare Center located in 227, Kimhae-si, Kimhae-si; and (b) on September 21, 2016, the market price of the victim C was equivalent to KRW 240,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] The reason for the suspended sentence under Article 62(1) of the Criminal Act has no basic area (6 to 1.6 months) (6 months) in general property. [Determination of sentence] The sentencing conditions in the records of this case, including the following circumstances and the defendant’s age, character and behavior, family relation, home environment, motive and means of the crime, circumstances after the crime, etc. shall be determined as ordered by taking into account:

The circumstances that are not agreed with the victim, the circumstances that are favorable to the fact that there are the same kind of criminal records in several times: The damage has been temporarily returned and the damage has been recovered, there has been no criminal records exceeding the suspension of execution, and there has been no physical function such as being judged as a result of mental division increase.