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(영문) 대구지방법원 2017.08.24 2017고단3236
절도
Text

A defendant shall be punished by imprisonment for six 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 June 3, 2017, at around 18:40, the Defendant used two CO2 wheels equivalent to 200,000 won at the market price of the victim C, which is operated by the victim C in Daegu-gu, Daegu-gu, Seoul-gu, 2017.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to investigation reports (related to recovery of damaged articles);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing criteria, the basic area (six months to one year and six months) of the types of larceny for general property (general larceny) (no person who is subject to special sentencing];

2. Circumstances unfavorable to the decision of sentence: The execution of a sentence shall be suspended on condition that the defendant leads to the confession and reflects of the crime in light of the circumstances, such as the defendant's age, occupation, sex and environment, family relationship, relationship with the victim, motive and background of the crime, means and consequence of the crime, and circumstances that serve as conditions for sentencing, such as the circumstances after the crime, are taken into consideration, and the defendant's age, occupation, sex and environment, family relationship, family relationship, relationship with the victim, motive and background of the crime, means and consequence of the crime, etc.

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