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(영문) 부산지방법원 2020.05.07 2020고단498
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

At around 03:40 on August 6, 2019, the Defendant: (a) discovered the victim D, who was divingd on the street under the influence of alcohol, and was able to escape the victim; and (b) deducted 18 K K K gold 18 K K gold 10,000 won (2.6%) at the market price, which was f10,000 won due to the victim’s damages, at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [type 3] thief [Special Convict] mitigated elements: In the area of mitigated punishment [the area of recommending and recommending punishment], reduced area of mitigated punishment [the scope of recommending punishment and recommending punishment], six months to one year;

3. Determination of sentence: The sentence shall be determined as per the order, taking into consideration six months of imprisonment, the records of the same crime of the defendant for one year of suspended execution, the number of crimes and the degree of damage, the fact that the defendant agreed smoothly with the victim, the age, character and conduct, environment and circumstances after the crime in this case, and all other circumstances which form the conditions for sentencing specified in the records and arguments, such as the age, character

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