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(영문) 광주지방법원 목포지원 2020.05.29 2019고단910
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

Around 08:58 on June 28, 2019, the Defendant opened a door that does not correct the victim C’s Done Starex set, which was parked in the door, and stolen the victim’s possession price by holding two mobile phones of the total amount of KRW 700,000,000, the market price of the victim’s mobile phone of KRW 150,000,000,000,000,000,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report generation (E), seizure records (any submission), seizure lists, report on internal investigation (if any, details of addition of damaged articles), investigation reports (Attachment, such as recorded CDs, etc.) and criminal investigation reports;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (the fact that there are many persons of the same kind of crime but there are no records of crime exceeding fines, the fact that the amount of damage is against mistake, and the amount of damage, as well as the age, character and health conditions of the accused);

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