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(영문) 대구지방법원 김천지원 2019.05.21 2019고단107
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 23:30 on January 5, 2019, the Defendant stolen 50,000,000 won, which was kept in D 1 ton of the 500,000,000 won, which was kept in the front of the Si/Gu-si B without correction by the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal affairs (Attachment to photographs), investigation report (CCTV analysis and confirmation on the face of a suspect's committing a crime);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to six years; and

2. Application of the sentencing criteria [Determination of types] thie (special thief) (special stief) mitigated factors: Reduction areas of punishment (the scope of recommending punishment), mitigation areas of punishment (the scope of recommending punishment), 4 months to 10 months;

3. Determination of sentence: The criminal liability of the defendant is heavy in that he/she again commits a crime at the time when the period of the suspension of execution for the same kind of crime has not yet lapsed, for eight months (two years of the suspension of execution of imprisonment).

However, all of the crimes are recognized and reflected by the defendant, and the amount of damage does not reach the maximum amount, and the victim is compensated for the amount exceeding the amount of damage and submitted a written agreement with the defendant is favorable to the defendant.

In addition to the above circumstances, various sentencing factors, such as sentencing guidelines and the age, living environment, character and conduct, circumstances of crimes, means and results, etc., shall be determined as ordered by considering together the various sentencing factors.

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