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(영문) 수원지방법원 성남지원 2016.11.17 2016고단3129
절도
Text

A defendant shall be punished by imprisonment for six 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 May 1, 2015, at around 02:0, the Defendant: (a) was parked on the street in front of a confection tower located in the Mapter owned by the injured party C, which was parked in front of the Mapter in the Mapon-dong, Sungnam-si, Sungnam-si, Gyeonggi-do; and (b) was stolen with two parallels of HIV (Heat-Rist PV Ltd. PV Co., Ltd.) electric wires equivalent to KRW 120,000, the market price of which was the injured party’s ownership, during the period from May 2015 to October 7, 2016; and (c) was stolen on five occasions with electric wires, etc. totaling the market price of KRW 925,000,00, in five times as described in the attached list of crimes, as described above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. Each photograph;

1. Records of seizure and the list;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 and community service businesses under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the Defendant had a record of the same kind of fine on several occasions, the Defendant repeated the theft of electric wires and did not compensate for damage therefrom.

However, the execution of punishment shall be postponed by taking into account all the factors of sentencing, including the fact that the defendant repeats a small amount of larceny for living, the frequency and amount of damage, and the defendant is expected to return part of the damaged goods after seizure, the defendant is detained in this case, is against the wrongness and will have a normal life with the help of social welfare institutions in the future, and there is no record of punishment exceeding fines, and the execution of punishment shall be suspended, but the execution of punishment shall be deferred by taking into account each crime [the scope of recommending punishment] mitigated area (1 to 6 months) of mitigated area (1 to 3 months) of general property (special mitigation] of mitigated area (1 to 4 months): January 11.

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