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(영문) 창원지방법원 2016.10.26 2016고단2011
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 16:30 on May 17, 2015, the Defendant stolen property worth KRW 3.220,000,000, total market price, from around seven times until May 7, 2016, as shown in the list of crimes in attached Form 3:20,00, which was located in Kimhae-si C, with only 5.20,00,00 won at the victim’s market price owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to the victims indicated in the attached list of crimes, and each statement of the victims;

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

1. Relevant Article 329 of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment;

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. Probation under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1) of the Confiscation Criminal Act, Article 48(1) of the Confiscation Criminal Act: Type 1 / [the scope of recommendations] / [the scope of recommendations] 2 / [the scope of recommendations] / [the scope of general larceny] / the basic area (6-1 year and 6 months] / [the scope of recommendations] / [the scope of recommendations] 3 / The mitigated area of mitigation (4-10 months) / the mitigated area of general property [4-10 months] / the final sentencing due to the aggravation of punishment by the aggravation of punishment by the majority who is not sentenced to punishment: June-2 and June 10 [the decision of sentence] / The sentence shall be determined in consideration of the circumstances indicated in the records of this case, such as the age, character and conduct, family relation, family environment, motive and means of crime, etc. of the defendants and the defendant, and the circumstances indicated in the records of this case.

Unfavorable circumstances: The fact that most of the damage was temporarily returned and the damage was recovered, five of the seven victims do not want to be punished by the defendant, there is no criminal power exceeding the suspended execution, and is in Grade III intellectual disability.

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