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(영문) 광주지방법원 장흥지원 2013.08.22 2013고단169
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 10:20 on April 17, 2013, the Defendant cut off one wall containing KRW 70,00,00,00,00,00 in cash, No. 382-2, including the following: (a) the Defendant purchased a bus ticket by the victim C and reported the purchase of the bus ticket to put the wall on the back money; and (b) according to the following behind the victim, the Defendant was able to steal the body of the victim boarding a military bus; and (c) the Defendant deducted the wall on the back money from the back money; and (d) the Defendant cut off one wall containing one cash card, No. 382-2, the agricultural bank card, and the resident registration certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each CCTV shooting paper;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act of the Probation Order in the past, even though the Defendant committed a thief under the Retail System Act, he/she had been punished several times in the past, he/she committed the instant crime under the same several Acts; and (b) the Defendant and the victim did not reach an agreement, the Defendant may not be subject to a strict punishment.

On the other hand, however, there are extenuating circumstances such as the fact that the defendant committed a crime against the depth while committing a crime, the degree of direct damage caused by the defendant's act is not large, the defendant deposited 1 million won for the victim, the elderly health is not good, the defendant must support the wife as the most old, and the defendant is able to lead a sincere life without committing a crime again, the execution of imprisonment shall be suspended, taking this into account this, and the probation order shall be imposed to prevent recidivism, and the punishment for the defendant shall be determined, such as the order, within the recommended range according to the sentencing guidelines, within the recommended range according to the sentencing guidelines.

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