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(영문) 광주지방법원 목포지원 2016.08.12 2016고단254

절도

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is waiting for a door-to-door vehicle in which precious metal is loaded in front of the office of door-to-door sales, and then in the cres of the vehicle without a door-to-door engineer, he has taken advantage of the cres of the vehicle and stolen precious metal in the vehicle.

On December 31, 2015, around 12:30 on December 31, 2015, the Defendant: (a) opened a steering house of the E-stacked vehicle parked in order to deliver other stacks in front of the C cafeteria located in B; and (b) used a green bank consisting of precious metal, such as arms and half paper, etc., of KRW 6 million at the market price of the victim F owned by the victim, which was kept by the victim, and nine half of the market price of the victim G, which is equivalent to KRW 6 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure;

1. The application of investigation reports (the confirmation of CCTVs at a criminal scene), investigation reports (the calculation of the amount of damage), and investigation reports (the confirmation of a victim) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection and observation (the name of the accused to observe special matters to prevent the recidivism);

1. Application of the sentencing guidelines (basic crime, crime No. 1) / [Determination of Type] 2 (General Larceny) (Determination of the recommended sphere) basic area of theft [Determination of the recommended sphere] [Scope of punishment] Imprisonment with prison labor] from six months to one year [General Sentencing] - Where considerable damage has been recovered, serious reflects [whether to suspend execution] - Major reasons for negative consideration - Recovery of harm inflicted on the same criminal records and (not more than five years of suspension of execution) - Major reasons for positive consideration: Recovery of harm inflicted on the general property at least two occasions, and positive general consideration - Preliminary general consideration is clear, serious reflects, and defendant's identity.