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(영문) 수원지방법원 2021.03.30 2020고단8715
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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 October 10, 2020, the Defendant: (a) placed the victim C's 'D' store located in Heung-gu B and 2 in Gyeonggi-si, Gyeonggi-do; (b) placed the victim's 13:53 on Oct. 13, 2020 in a temporary room and stolen the victim's 9,000 won of the market price, which is the victim's possession of the lapsing line.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Act and subordinate statutes on CCTV video data to investigation reports in C’s written statement (defence of CCTV and other suspect tracking);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 2] General larceny [person who is in charge of special sentencing]: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], in the area of mitigation of punishment [the area of recommendation and recommendation], in April or October;

2. One year subject to suspended sentence for six months of imprisonment with prison labor (the sentence shall be determined by comprehensively taking into account all the conditions for sentencing as shown in pleadings, such as the extenuating circumstances, such as the fact that the defendant has been punished several times for the same kind of crime, the fact that the defendant misleads and reflects the defendant, the fact that the injured person is not subject to the punishment against the defendant due to his/her initial agreement with the victim, and the character and conduct of the defendant, the environment, the motive, means and consequence of the crime, and the circumstances after the crime

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