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(영문) 대구지방법원 김천지원 2017.08.17 2017고단994
절도
Text

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

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

Reasons

Punishment of the crime

On July 5, 2017, the Defendant: (a) around 03:26, at a “D” restaurant parking lot located in Gumi-si, Gumi-si; and (b) on the part of the victim, the victim was able to sleep on the floor under the influence of alcohol; and (c) on the part of the victim, the victim took a 30 million net gold strawing of the amount of KRW 5,000,000,000 in the market value of KRW 10,000,000 in the market value of KRW 50,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (D) (verification and attachment of CCTV data in parking lots), investigation reports (D cafeteria CCTVs), investigation reports (FKa Center CCTV confirmation and attachment of files), and application of Acts and subordinate statutes to investigation reports (the confirmation and attachment of CCTV data in old and previous areas);

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

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution is against the reason of sentencing; the victim does not want the punishment of the defendant in agreement with the victim; the victim does not want the punishment of the defendant; the victim does not have the same criminal records; the defendant's age, sex, sex, environment, means of the crime; and the circumstances after the crime shall be determined as the same as the disposition

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