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(영문) 부산지방법원 2016.10.27 2016고단3587
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on June 23, 2016, the Defendant: (a) committed theft with the Defendant, holding alcohol, beverage water, fruit, etc. equivalent to the sum of KRW 118,450 in the market value of the victim, which was located at the display stand, at the home flus shop in the Busan Dong-gu Hot Spring Port, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (the details of seizure and receipt of the damaged article, attaching photographs of the damaged article), application of photographic Acts and subordinate statutes;

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;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : (a) there is no person having the basic sphere (6 to 1 year and 6 months) of the theft in general property [decision of sentence] : (b) there is a criminal conviction for the defendant; (c) in particular, the summary order is requested two times due to larceny; (d) the goods which are not large in size of stolen goods and are in value larger among stolen goods are returned; (e) there is no criminal conviction exceeding fine against the defendant; (e) the fact that there is no criminal conviction against the defendant; (e) the age, character and conduct, environment, etc. of the defendant

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