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(영문) 창원지방법원 진주지원 2020.06.10 2020고단733

절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On April 23, 2020, the Defendant: (a) around 17:10 on April 23, 2020, at the victim C’s residence located in Sacheon-si B, 50,000 won, and 28,720,000 won in the market price (weight 100g), 4, the market price of which is 22,980,000 won (weight 37.5g), 6, and 10, 10, U.S. dollars 24,000,000 won in the market price, 5,217 ($ 40,50, USD 14,200, USD 17, USD 107, USD 17, USD 17, USD17, USD 7,000, and 107, 607,3981,7,000 won in the market price.)

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. 112 Application of Acts and subordinate statutes to the 112 Reporting List, each photograph, camera, camera, seizure protocol, seizure list, each investigation report (Evidence List Nos. 19,20)

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 329 of the Criminal Act and the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of larceny for general property, the scope of which according to the sentencing guidelines, [Type 2] is to be mitigated, and four months to ten months from imprisonment;

2. A sentence has been determined and planned and has great damage (a sentence shall be sentenced to a higher punishment than the upper limit of the recommended sentence): Provided, That the crime is recognized, the damage has been restored, and the victim shall not be punished by mutual consent with the victim;

In addition, the relationship between the defendant and the victim is considered.