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(영문) 대구지방법원 2016.05.13 2016고단1202
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant shall collect KRW 940,000 in cash, owned by the victim in cash located in the E resting area of the victim’s E resting area operated by the Defendant, working as an employee, from the victim’s E resting area located adjacent to his/her main abandonment, around 14:52, 2012.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of a written statement (victim), a criminal investigation report (a suspect, field photograph, etc.), a criminal investigation report (in the field, and a relative investigation of the victim), or application of video-related Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing) of the suspended sentence [the scope of punishment under law] One month or more of imprisonment with prison labor or six years [decision of type] [the scope of recommendation], six months or more to one year [the scope of recommendation]], main reasons for suspension of execution - No major reasons for consideration: positive living type - lack of social relationship before the suspended sentence - lack of positive damage [decision of sentence] if the defendant has been sentenced to punishment for larceny on October 10, 190, two years of suspended sentence, or six years of imprisonment with prison labor [decision of type]], and the basic area of the second type [the scope of recommendation] [the scope of recommendation] - There are no significant reasons for suspension of execution : major reasons for consideration: crime of positive life - lack of social relationship - general consideration; positive damage [decision of sentence]; if the defendant has been sentenced to punishment for the same crime on August 14, 2002, it appears that the defendant has not been punished until the amount of punishment.

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