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(영문) 창원지방법원 통영지원 2014.06.27 2014고단449

절도

Text

A defendant shall be punished by imprisonment for four months.

Two certified vinyl paper (Evidence No. 1) and 17 copies of examination of information paper, which have been seized.

Reasons

Punishment of the crime

On May 26, 2014, the Defendant: (a) around 10:55, at a simple bus platform located in Gosung-dong, Gosung-gun, Gosung-dong, Gosung-dong, the Defendant: (b) had access to the boom booms following the victim D by taking advantage of the boom boom; (c) opened a bridge with the victim’s shoulder, and cut off one boomed female 300,000 won at the market price of the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, six months to one year is recommended to the defendant [the recommendation for the mitigation area of the type of crime for larceny (the recognition of non-compliance with punishment as a special mitigation factor)]. Although the defendant could have had a record of punishment for the same kind of crime, he/she again commits the instant crime despite the fact that he/she committed it again, and the instant crime is a crime during the period of probation for the same kind of crime, which is disadvantageous to the defendant.

However, it shall be considered that the victim does not want the punishment of the defendant, and that the defendant reflects the fact that he is the defendant.

In particular, in consideration of the fact that the accused is old and healthy, the sentence that is lower than that recommended in the sentencing guidelines shall be determined and the same type as the order shall be determined.