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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
The defendant is a person engaged in agriculture.
1. Around 18:30 on January 31, 2013, the Defendant found D Road Expansion Work Site, E, F, and G at the same location, which is managed by the victim C, and the Defendant arranged the above lecture pipe in order to load and load the H sealed and loaded the cargo in his/her own drive, with approximately KRW 540,00 in total, KRW 540,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
As a result, the Defendant stolen approximately KRW 540,00 of the above 48 strong pipes managed by the victim together with the above E, F, and G.
2. On January 31, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a H-wing truck over a distance of about 10 kilometers from the central telecom located in the 102-2-2 of the Naju-dong, Young-si, Naju-si to the site of D-Road Expansion Works in the Naju-si.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect against I, E, G, or F;
1. Statement of the police statement regarding C;
1. Photographs;
1. Application of the detailed legislation on driver's license;
1. Relevant Article 331 (2) and (1) of the Criminal Act concerning the facts constituting the crime, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);
1. It is so decided as per Disposition on the grounds of above consideration, such as the scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for larceny offenses under Article 62(1) of the Criminal Act, the fact that there is no previous conviction for larceny, the fact that all damaged items are recovered, and the agreement with the victim.