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(영문) 울산지방법원 2017.02.14 2017고단17
절도
Text

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

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

Reasons

Punishment of the crime

On December 16, 2016, the Defendant seems to have clearly writtenly written the “E” of the facts charged against the Victim C in Ulsan-gu, Ulsan-gu, B, Seoul-do around 15:40.

From the first floor of D. D. managed by the victim, the victim was stolen by putting the gap of the victim's surveillance in the other display stand (as the market price of approximately KRW 19,90,00), by breaking the package on the plastic paper which was held after the opening of the package.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on re-issuance receipts;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Determination of sentencing guidelines [types] Compared and assessed upon recommendation of sentencing guidelines (aggravating a general property): Class 1 (a) (a) of the thief for the theft, etc. without being neglected) [limited to a special sentencing person] mitigated element: Imprisonment with labor for one month or more to six months (the scope of recommendation] (a special sentencing person): considerable damage recovery and serious reflect [whether probation is suspended or not] extenuating circumstances - The main reason for adverse consideration is to comprehensively compare and evaluate the causes for repeated crimes, the same criminal records (not more than five years, a suspended sentence or a fine not less than three times) - The major reason for positive consideration: A crime punishable for living, the unconvicted (including a serious effort to recover or recover from a arbitrary damage) - There is no negative general consideration: There is no positive reason: damage; a minor criminal records not less than a suspended sentence; a serious reflection; and a defendant's health situation is very poor;

2. It is necessary to observe protections to prevent recidivism in light of the criminal history, environment, health conditions, etc. of the matters to be additionally considered;

3. Four months of imprisonment with prison labor for a decision of sentence, one year of suspended sentence, and one year of observation of protection;

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