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(영문) 대구지방법원 2016.09.08 2016고단1198

절도

Text

A defendant shall be punished by imprisonment for four 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

1. On October 21, 2015, the Defendant, at around 07:30 on October 21, 2015, posted a 'Cmatet’ in Daegu Northern-gu B, Daegu-gu, Daegu-gu, Seoul-gu, in which the surveillance of the victim D was neglected, which was 4,500 won of the market price in the display stand by using the gap in which the victim D’s surveillance was neglected, and cut off by inserting a 1 set of a one set of a single-use tool in the market price equivalent to 3,00 won of the market price.

2. On October 28, 2015, the Defendant committed the crime, around 07:35 on October 28, 2015, included one small area of the market price equivalent to 6,900 won in the display belt, which was located in the display belt by taking advantage of the gaps in surveillance of the victim D around October 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the receipt statute

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is [the scope of recommending sentence] the sentence under Article 62(1) of the Act on the Suspension of Execution, and the sentence is to be imposed on general property / [the scope of recommending sentence] the mitigation area (4 to 10 months) of the mitigation area (general larceny) of types / [the scope of recommending sentence] the mitigation area (4 to 10 months) of the mitigation area (4 to 10 months) of the mitigation area (general larceny) of types / the mitigation area (4 to 10 months) of the mitigation area (special mitigation area] the final sentence scope due to the aggravation of multiple crimes committed for living: April to 3 months (decision of sentencing]. The sentencing conditions indicated in the records of this case, such as the age, character and behavior, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as per the disposition

On the other hand, the defendant had been punished for larceny in 2014, but he also committed this case.

The defendant was unable to receive suspicion from the victim.

The amount of damage is the small amount.

The defendant shows a attitude to repent his mistake.