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 became final and conclusive.

Punishment of the crime

At around 22:20 on January 3, 2015, the Defendant: (a) committed a theft of the Defendant’s 200,000 air conditioners, the total market value of the victim owned by the Defendant, which was 20,000,000 won, on the roads of E, operated by the victim D, a considerable amount of Cheongju-si, Cheongju-si.

Summary of Evidence

1. The defendant's partial statement in court (the purport that it is appropriate for the defendant to hold the article);

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each legal statement of witness D and F;

1. Photographs (the Defendant and his defense counsel knew that the Defendant brought about the air conditioner, etc., and denied the criminal intent of theft. According to the evidence above, the articles that the Defendant intended to bring in the air conditioner, etc., were kept in custody of another air conditioner, etc. on the part of his/her own operation, and cannot be deemed to be articles dumped. Furthermore, it is difficult to view that the Defendant already committed a similar crime several times, and that the time of the crime was an appropriate time for the Defendant to collect water normally and normally. The Defendant’s statement is insufficient to believe that it is inconsistent. For this reason, the above assertion is rejected).

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The value of the stolen goods for sentencing is not high, and the damaged goods were returned to all victims, and the damage was recovered, and the crime of this case can be deemed to constitute the crime of living penalty.

The defendant has no criminal records of suspended execution or more.

기타 피고인의 성행과 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 제반 양형의 조건들을 참작하여 징역형을 선택하고 양형위원회가 권고한 양형기준의 범위 내[절도범죄 양형기준》제1 유형 방치물...