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(영문) 대구지방법원 2016.08.26 2016고단2621
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 3, 2016, at around 04:50, the Defendant opened a c parking lot located in Daegu Jung-gu, Daegu-gu, where the victim D was parked, a chief door that was not corrected for the passenger car parkeded by the victim D, and the Defendant carried out the 1,40,000 won of the market price where there were one head of the national bank bank, one certificate of seal impression, one copy of the market price where the victim owned.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the respective laws and regulations of the statement, internal investigation report (retributation of damaged articles), internal investigation report (CCTV verification and black stay confirmation)

1. The reason for sentencing under Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime [the scope of applicable sentences under the law] The reason for sentencing of punishment [the scope of applicable sentences under the law] : one month to six years [the determination of types] - [the person subject to special sentencing] - the area of mitigated punishment [the scope of recommended punishment] / April to ten months / [the scope of recommended punishment] / Where considerable damage to mitigation factors has been recovered, - Where the defendant has been sentenced to positive punishment (including efforts to recover from arbitrary damage or restore damage] - Where the defendant has been sentenced to imprisonment with prison labor at least twice adversely, it should be considered that the defendant has been sentenced to criminal punishment for the same kind of crime that does not fall under special punishment (the period of suspended sentence of less than 10 years after the completion of execution) - The main reason for sentencing is not positive punishment (including efforts to correct damage or damage): The reason for suspension of execution of sentence and social relation, even if there are no other positive reasons for the defendant to be sentenced to criminal punishment for a minor crime.

However, the fact that the defendant's economic value of stolen goods is not large, the damaged goods were returned to the victim and the victim expressed his intention not to punish the victim, and the defendant was stolen at the Busan District Court on May 3, 2016.

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