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(영문) 광주지방법원 순천지원 2015.05.29 2015고단457
절도
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2014, the Defendant was suspended from sentence due to special larceny in the Gwangju District Court's Macheon Branch on September 3, 2014 and is currently pending in the appellate court.

【Criminal Facts】

1. At around 23:00 on December 24, 2014, the Defendant: (a) opened a cover of a water tank with no correction in the area; and (b) went out 60 marbs equivalent to KRW 600,000 at the market price owned by the victim who was in custody.

2. At around 23:40 on December 24, 2014, the Defendant: (a) opened a cover of a water tank in front of the “G cafeteria” in the operation of the Victim F in G Ma; (b) opened a cover of the unrectible water pipe; and (c) opened a cover of the total market value of KRW 170,000 in total, which is the market value owned by the victim who was in custody.

3. 피고인은 2014. 12. 25. 00:05경 여수시 H에 있는 피해자 I 운영의 ‘J식당’ 앞에 이르러, 그곳에 있는 시정되지 아니한 수족관의 덮개를 열고 그 안에 보관 중이던 피해자 소유인 시가 합계 1,050,000원 상당의 감성돔 1마리, 참돔 8마리, 해삼 20kg, 꼼장어 10kg 등 어류와 해산물을 꺼내어 가지고 갔다.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A written statement prepared in the I;

1. Photographs of the damaged site and photograph of the suspect;

1. Each report on investigation;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the relevant criminal facts;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] The mitigation area (4 to 10 months) of the mitigation area (general larceny) (4 to 10 months) of the mitigation area (special mitigation) of punishment (the decision of sentence) shall be sentenced to four months of imprisonment and probation period.

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