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(영문) 제주지방법원 2013.05.03 2012고단1186
절도등
Text

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

1. A thief, around 15:30 on June 26, 2012, the Defendant: (a) took a thief of the victim D’s stud glass in the instant parking lot; (b) taken the victim D’s stude with a stone with a stone with a stone stone; and (c) stolen the 200,000 won in cash from the victim’s straw in the vehicle.

2. Around June 29, 2012, the Defendant destroyed and damaged the property by adding an amount equivalent to KRW 50,000,000 to the market value of the instant cargo vehicle owned by the victim, which is parked in the place specified in paragraph (1) in an irregular manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 9);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 329 and 366 of the Criminal Act; Selection of imprisonment;

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

1. Suspension of execution: Recommendations, sentences [the scope of sentence for larceny crimes, theft of general property, theft of category 2, basic area, imprisonment with prison labor for six months - one year and six months] on the grounds of sentencing in Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the grounds of sentencing] and the following circumstances are determined as per the disposition in consideration of all the following circumstances. favorable circumstances: the time of facts of crimes; the time of and reflects on the facts of crimes; the amount of damage; the amount of damage; the Defendant’s health condition ( alcohol dependence) seems to have an adverse effect on crimes: Other records of having been sentenced to suspended sentence or heavier punishment for the same kind of crime: the defendant’s age, occupation, and criminal record are determined as per the disposition.

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