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Reasons
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(영문) 수원지방법원 성남지원 2019.07.17 2019고단246
절도
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2017, the Defendant: (a) around 05:52, at the Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si Jeju-si SPPPS, kept the gap in the victim D’s management at the accounting room within the 45,000 won of the market price, which is equivalent to the 1strue of tobacco at the 45,000 won of the market price; and (b) at the display room, there is a smallest “Yuk-sik”-si-si-si-si-si-si-si-si-si (1,700 won of the market price; and (c) at the market price equivalent to 1,800 won of the market price; (d) one 1,000 won of the 1,90 won of the 1,600 won of the 1,600 won of the market price; and (e) one 1,300 won of the 1,50000 won of the “Su beverage or the market price”.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (including attachment);

1. Application of the receipt statute

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and

3. Even if considering the health conditions of the defendant at a disadvantage in the decision of sentencing, the attitude of entering the trial was very unfaithful, and even if the date of sentencing was absent without permission, it is doubtful that the situation of the defendant, such as escape, is doubtful.

Not agreed with the victim, and the victim wishes to punish the defendant.

In light of the fact that the damaged goods have been recovered, the defendant made considerable efforts.

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