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(영문) 울산지방법원 2016.08.10 2016고단1762
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 28, 2016, the Defendant discovered the victim D who was under influence of alcohol at the entrance of the building Nam-gu, Ulsan-gu, Ulsan-gu, Seoul on May 28, 2016, and takes 38,000 won in cash from the wall he was in possession of the victim.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each CCTV image statute;

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

1. The conclusion that Article 62 (1) of the Criminal Act on the stay of execution (the defendant has to pay attention to preventing recidivism, in consideration of the repetition of the same type of crime, the risk of recidivism, etc., but there is no record of punishment heavier than that of the suspension of execution due to the same crime, or that it is more reasonable to give the defendant an opportunity to engage in re-election through the suspension of execution than that of the punishment, in consideration of the scale of damage, the circumstances of the crime, etc.);

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