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(영문) 수원지방법원 성남지원 2019.08.21 2019고단1526
절도
Text

A defendant shall be punished by imprisonment for four 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 10:50 on January 7, 2019, the Defendant: (a) destroyed the victim’s cash 3.85,00 won, and the market price of the non-indicted 300,000 won; (b) destroyed the victim’s cash 3.85,00 won; and (c) destroyed the victim’s cash 3.850,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports;

1. The applicable Article 329 of the Criminal Act concerning the facts constituting the crime, the reason for sentencing selecting imprisonment;

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 punishment] according to the sentencing guidelines, the scope of larceny [the first category] for general property [the elements of mitigation], such as abandoned articles, etc.: The area of mitigation of punishment [the area of recommending and the scope of recommending punishment], the area of mitigation of punishment, one month to six months in imprisonment;

3. The fact that the amount of damage to the sentence is high and that the sentence is not good after the crime is committed, such as refusing summons at the investigation stage, is disadvantageous.

However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined by comprehensively taking into account the following factors.

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