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(영문) 창원지방법원 거창지원 2017.09.20 2017고단123

절도등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2017, 2017, the Defendant, “2017 Highest 123, the Defendant, at the front of the D cafeteria located in the Gyeongnam-gun, Gyeongdong-gun, Gyeongnam-gun, the Defendant stolen it with a high voltage cable equivalent to KRW 132,00,000 at the market price owned by the victim, who was parked in the F Poter cargo loaded at the same place by using the gaps in which the victim E’s care was neglected.

On April 22, 2017, 2017, the Defendant: (a) discovered that the ship was loaded on the ship of the Haak Village in the 3-lane 23 roads as of 18:05, J. H, the victim’s parked in G; (b) opened the unreshed construction section as a hand on the part of the victim’s owner; and (c) cut off the vehicle with one gas air carrier equivalent to KRW 1,60,000, the market price of the victim’s ownership.

Summary of Evidence

"2017 Highest 123"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 2017 Highest 163 "each investigation report (attached to video photographs, etc. and a measurement certificate);

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. On the grounds of sentencing in Article 62-2 of the Criminal Act for the protection and observation of the protection and the sentencing range of Article 62-2, the sentencing range of the first punishment [the scope of recommendations] the sentencing range of the first punishment for general property [the scope of punishment] the sentencing range of the first type of the punishment for living (one to six months), the area of the special mitigation [the scope of the recommended punishment] the second type of the crime for living, the crime for which the punishment is not punishable [the scope of the recommended punishment] the area of the first type of the punishment for general property (one to six months), the area of the special mitigation [the person whose livelihood is a special mitigation] [the scope of the final punishment due to the aggravation of the punishment and the punishment for which the punishment is not imposed: January to September: the sentencing range of the defendant may be compared to the sentencing range of the first class [the decision of the sentence] in January to September], and the judgment of the suspended sentence due to the larceny.