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(영문) 창원지방법원 2013.12.06 2013고단3453

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 September 11, 2013, the defendant was sentenced to imprisonment with prison labor for larceny at the Changwon District Court for six months, and the judgment was finalized on September 24, 2013.

On September 13, 2013, around 14:15, the Defendant stolen 10 items in the aggregate of the market price of the victim Embrypt owner of Embrypt Co., Ltd., 190,850 won from Embrymp datum located in Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si, by taking advantage of the gaps in which the surveillance of his employees is neglected, and by taking advantage of such a gap, the Defendant stolen them by putting them into a bank and discharging them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, his previous disposition, and his result report;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant committed the instant crime only two days after the sentence of a suspended sentence due to the same kind of crime. However, it is reasonable to impose severe punishment on the defendant. However, it is reasonable to give him an opportunity to punish the defendant only once taking into account the defendant's age, damage, and the fact that he does not want to be punished on the part of the victim by settling all of the defendant's age, damage, and family relationship. However, taking lectures for treating the defendant's mental health conditions, such as probation and psychological treatment lectures, are likely to recommit

It is so decided as per Disposition for the above reasons.