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(영문) 대구지방법원 2016.04.27 2016고단829

절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On January 9, 2016, at around 20:0, the Defendant: (a) cut off the victim’s D store managed by the victim C in Daegu-gu, Daegu-gu, with one beer coloring b2,00 won at the market price, and one verification color 12,00 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (D CCTV investigation), a report on investigation (or a CCTV counter investigation), a report on investigation (specific suspect), a report on seizure, a list of seizure, and a report on investigation (Attachment to a photograph of seized objects);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] : (a) there is no basic area (six months to one year and six months) (the person who is subject to special sentencing] [decision of sentence] ; (b) there are several times the defendant has been punished for the same kind of crime; (c) there are several times the defendant has been punished for the same crime; (d) the amount of damage is relatively minor and the victim has returned to the victim; (d) considering the favorable circumstances of the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the following circumstances, the sentence like the order shall be imposed