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(영문) 대구지방법원 서부지원 2017.05.25 2016고단721
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 6, 2016, the Defendant: (a) committed a theft in a way that the Defendant was placed in a bags prepared for foodstuffs, such as a straw home plug in the total amount of KRW 33,570, which was owned by the victim home plug Co., Ltd.; and (b) went off without calculating it, at around 16:30, the Defendant committed a theft in a way that he was dissated.

2. On the 19th day of the same month, the Defendant stolen foodstuffs equivalent to KRW 23,470,00 in total, including Chinese rain, etc. owned by the same victim, at the same place on the 15:43 day of the same month.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] 2 types of theft in general property (two months to ten months) / [the livelihood of a special mitigated person] / [the decision of sentencing] / [the decision of sentencing] / the defendant has a record of having been punished by a fine of the same kind for several times, considering the circumstances unfavorable to the defendant. Damage amount is small amount, damage was recovered in full and the victim did not want punishment, taking into account the circumstances favorable to the defendant, such as the order.

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