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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
On June 30, 2017, around 11:00, the Defendant stolen the gaps of D, who is a manager, at C stock farm located in Jeju-si, Jeju-si, with 18,000,000 won and 18,000,000 won at the market price of other victims E-owned.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement of F and D;
1. Application of field photographs and related Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 329 of the Criminal Act, and the choice of imprisonment;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Protection observation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The basic area (from June to June) of the types of larceny for the scope of general property, the scope of which is recommended according to the sentencing criteria;
2. On the day of the instant crime, the horses, which were damaged, were returned.
However, the defendant sold the damaged horses to others, and only withdrawn the benefits, and there is no effort to recover the damage.
There is also a history that the defendant has been punished by a fine for the same type of larceny.
However, considering the fact that the damaged goods have been restored as above, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.