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(영문) 부산지방법원 2019.01.10 2018고단4911
절도
Text

A defendant shall be punished by imprisonment for four 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

On August 17, 2018, at around 16:00, the Defendant removed the security emergency room of 1.520,000 won of the market price owned by the victim, using the gaps in the surveillance of the victim D in Busan B, the Defendant used the gap in the victim D, and stolen it by inserting the lapt North Korea into his lapt bank.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to report on investigation (D Telephone statement hearing);

1. Article 329 of the Criminal Act applicable to the crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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

1. Application of the sentencing criteria [Scope of recommending punishment] The mitigated area (4 to 10 months) in the mitigated area (4 to 10 months) of all types of larceny for general property;

2. Although the defendant, who had been sentenced three times for the same kind of crime as the sentencing decision, committed the crime again, the defendant seems to have committed the crime under the circumstances where normal judgment ability is insufficient due to brain damage, all of the crimes are led to confessions and repents of his mistake, return damaged articles and smoothly agreed with the victim, and other factors such as the defendant's age, health status, social relationship, etc. shall be considered.

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