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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 2684] On July 2, 2017, the Defendant and B carried 200,000,000 won of the victim E-owned market at the entrance of the “D” agency building located in F, which was around 17:30 on July 2, 2017, and the Defendant and B carried one gas tank containing LPG fuel of KRW 200,000,00 and KRW 100,000 of the market price.
Accordingly, the defendant stolen the victim's property together with B.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol of suspect interrogation of the defendant and the defendant B
1. E statements;
1. In full view of the CD images and photographs (the above evidence and various circumstances acknowledged by them, especially the Defendant, and B’s perception of the property value of the damaged goods, and the place where the damaged goods are located, and the reason why the Defendant did not confirm the intent of the victim, it is reasonable to deem that the Defendant, together with B, knew of the fact that the damaged goods were owned by others) is applicable to the law.
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is committed only by imprisonment with prison labor. The same sentence as the order shall be determined by comprehensively taking into account the various sentencing conditions as shown in the records and arguments of this case, including the criminal records of the defendant (no such force exists, nor two times of fines), the degree of damage of the victim, the degree of damage of the defendant, the circumstances of the crime, and the health conditions of the defendant.
It is so decided as per Disposition for the above reasons.