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(영문) 서울남부지방법원 2014.07.21 2014고단1592
절도
Text

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

At around 03:00 on May 24, 2013, the Defendant: (a) reported that the key is posted on the door of the ESF store and the driver’s seat of the car owned by the victim B, which was parked in the 89 official parking lot, in Anyang-ro 89 on May 24, 2013; and (b) taken a view of theft of the vehicle; (c) extracted the key of the said vehicle and carried the vehicle into the vehicle, leaving the vehicle.

Accordingly, the defendant stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing"), which are favorable to the defendant;

1. A person who is not subject to a punishment in the area of mitigation (4 to 10 months) (special mitigation) of category II (general larceny) for general property on the basis of the sentencing guidelines;

2. Determination of sentence: (a) the method and content of the instant crime; and (b) the time when the damaged items were returned to the accused, etc., the sentence shall be rendered as ordered in consideration of all the sentencing conditions, including the fact that the accused recognized his mistake and reflects against himself; (c) the fact that the accused has no record of being punished for the same kind of crime; and (d) the Defendant’s age, character and conduct, family environment, etc.

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