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(영문) 수원지방법원 2017.05.26 2017고단1170
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 17, 2017, the Defendant thefted property worth KRW 145,800,00 in total, without being hidden in a bank holding two of the amount equivalent to KRW 29,800 in the market price managed by the victim C, the head of the security team, at Mat-gu, Young-gu, Young-gu, Mat-si, the head of the security team, and KRW 25,800 in the market price, and 30,200 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. An investigation report (attaching a receipt for repayment of damaged goods);

1. Application of Acts and subordinate statutes to CCTV photographs and receipts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of sentencing guidelines recommended by the Sentencing Committee of the Supreme Court Sentencing / [type] The mitigated area of punishment [person subject to special sentencing] mitigated area of general property [the scope of punishment [the scope of sentencing recommended] / April 10 months] - October;

2. The criminal liability of the defendant who committed the crime of this case without any particular reason even though he/she had a record of punishment several times due to the same kind of crime in which the sentence was sentenced is to be sentenced.

However, considering the favorable circumstances, such as the fact that the Defendant’s mistake is divided and did not repeat the crime, theft goods are relatively small, the victim does not want the punishment of the Defendant by mutual consent with the victim, and the fact that the victim does not have any record of criminal punishment heavier than a suspended sentence, the victim does not have any record of criminal punishment. In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., the sentence identical to the order shall be imposed within the scope of the recommended punishment.

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