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(영문) 전주지방법원 정읍지원 2019.10.10 2019고단279

절도

Text

A defendant shall be punished by imprisonment for six 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 May 29, 2019, the Defendant: (a) committed theft with one mountain bicycle at the victim C’s market value equivalent to KRW 2.80,000,000, which was kept in custody in the loading of the cargo loaded at the parking lot located at regular Eup/Myeon on May 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site report (such as CtV verification, attaching on-site photographs, specifying the person under suspicion);

1. Records of seizure and the list of seizure;

1. Photographs of damaged articles;

1. Application of investigation reports (CCTV image verification), CCTV video CD-related Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has a record of being punished for suspended execution on two occasions or for the same kind of crime.

[1] On November 29, 201, one year of imprisonment with prison labor, two years of suspended sentence, two years of imprisonment with prison labor, ten months of imprisonment with prison labor, and two years of suspended execution on July 29, 2014]: Provided, That the execution of a sentence is suspended on condition of probation and community service order, taking into account the circumstances leading up to the crime (when the defendant loads a truck under the influence of alcohol, a bicycle is on board the match), the defendant returned the stolen damaged article and agreed with the victim.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.