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(영문) 창원지방법원 통영지원 2013.04.30 2013고단215

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 17, 2013, at around 09:45, the Defendant: (a) laid off the cre in front of “D” owned by D Co., Ltd., the victim, on the street in the city of 09:45, on the street, and stolen the cre in which the keys is displayed on Espke vehicles with the face value of KRW 1304,00,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, the defendant shall be recommended to be sentenced to four to ten months of imprisonment (the recommendation for the mitigation area of general larceny (the recommendation for the mitigation area of punishment as a special mitigation factor). The above special mitigation factor and the fact that the defendant reflects against the defendant shall be considered as grounds for sentencing favorable to the defendant

In addition, the defendant has three criminal records for the same offense, and the fact that the theft is high shall be considered as the reasons for sentencing disadvantageous to him.

In addition, in consideration of the age, family relations, circumstances after crimes, etc. of the defendant, the same punishment as the disposition shall be determined.