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(영문) 수원지방법원 2014.05.16 2014고단299
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On December 8, 2013, the Defendant stolen the victim’s 3 punishment amounting to KRW 87,000,000 owned by the victim, which was placed in the display stand by using the gaps of the victim’s surveillance in the second floor of the D building in Suwon-si, Suwon-si, Suwon-si, the second floor of the D, “F” clothes store where the victim’s surveillance was neglected.

2. Around the time and time like the above paragraph 1, the Defendant stolen the victim’s 39,000 Titts, which were displayed by creshing the victim’s surveillance neglected inside the “H” clothes store located on the third floor of the said D building.

3. At a time and time like the above paragraph 1, the Defendant: (a) stolen the victim’s 29,000 Nitts, which was displayed by a gap in the victim’s surveillance neglected in the victim’s surveillance inside the “JJ’s fifth floor of the above D building; and (b) stolen the victim’s titts with one set of titts equivalent to 29,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G, and I prepared;

1. Application of Acts and subordinate statutes on seizure records;

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

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one month to six years;

2. Application of the sentencing criteria [the scope of recommending punishment for each larceny]: The basic area (6 months of imprisonment to up to one year and six months of imprisonment) of types 2 (general larceny) and the basic area (the scope of final sentences of punishment following the aggravation of multiple offenses): Imprisonment with prison labor for up to six months to nine years [whether suspended sentence is suspended] - the negative factors of the major reasons for the occurrence of a crime of the same criminal offense (in the case of victim G), the positive factors of a crime of living, a crime of non-execution of punishment (in the case of a fine not exceeding five years): The positive factors of the general participation: the minor damage, there is no criminal offense of more than a suspended sentence, a serious reflective element;

3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years, recommended sentencing guidelines for probation, the scope of sentence, and the above-mentioned factors; and

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