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(영문) 창원지방법원 2016.08.02 2016고단1026
절도등
Text

A defendant shall be punished by imprisonment for six 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

[2016 Highest 1026] On February 23, 2016, the Defendant stolen one computer monitor equivalent to 300,000 won at the market price owned by the victim D, which was set up under subparagraph 202 operated by the victim D, in the window C of Changwon-si, Changwon-si on February 23, 2016.

[2016 Highest 1794] On March 28, 2016, the Defendant 22:50 around 22:50 on March 28, 2016, up to the victim G management “H” in the first floor of the F Building in the Changwon-si, Changwon-si, the Defendant 2 points out 80,000 women’s visibility at the market price of 80,000 won, the victim’s market price, which is located in the store display stand.

Although trying to steals, the boxes in sight did not fall on the floor and did not commit an attempted crime.

Summary of Evidence

[2016 Highest 1026]

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (2016 order 1794);

1. Statement by the defendant in court;

1. G statements;

1. Filing reports, respective internal investigation reports, and the application of the Acts and subordinate statutes to each investigation report;

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 329 of the Criminal Act, and the choice of imprisonment for 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. The reason for sentencing under Article 62-2(1) of the Criminal Act on the observation of protection and Article 62-2(1) requires strict punishment by repeatedly committing similar crimes without any particular awareness even though the defendant has many records of being subject to juvenile protective disposition due to larceny, etc.: Provided, That the execution of a sentence shall be suspended on the condition that the defendant shall be subject to protect and observe, taking into account the fact that the defendant was a disabled person of Grade III with intellectual disability and that he/she was faced with difficulties in shock adjustment as a disabled person of Grade III with intellectual disability and that the defendant's additional guidance is leading to the defendant, and that the victims have not want to

(b)the age, sex, family environment, motive and circumstances of the commission of the offence.

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