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(영문) 울산지방법원 2014.12.11 2014고단1905
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 August 3, 2013, at around 04:00, the Defendant found 10,000 won cashier’s checks, 10,000,000 won cashier’s checks, and 10,000 won in cash, and 10,000 won in cash, and 80,000,000 won in total, owned by the victim by using smartphones, and then stolen property owned by the Defendant’s total amount of 20,857,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each written statement of D and E;

1. A report on internal investigation (a copy of a check);

1. Application of Acts and subordinate statutes to investigation reports (a photographic and family relation certificate attached);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the probation and community service order [the scope of recommending punishment] The basic field of larceny for general property [the decision of sentence] is majority previous years and the amount of imprisonment is not certain, so it is chosen to choose the amount of imprisonment without prison labor as the amount of theft. The execution of punishment shall be suspended in consideration of the fact that there is no criminal record of the same kind of power and suspension of qualifications or more, the victim has agreed with the victim, but the risk of recidivism shall be determined by imposing probation as ordered.

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