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(영문) 대구지방법원 2013.08.22 2013고단3777
절도등
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

On April 16, 2013, at around 09:30, the Defendant opened and intruded “D” operated by the victim C, which was located in Sinsan City B, and used 10 marith (1,300,000,000,000 won of the market price of the victim’s possession in the relevant arct, which was kept in the arctium.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to investigation reports (in and around the site);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that allows the choice of punishment, and Article 319 (1) of the Criminal Act (the occupation of a structure and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which is favorable to the defendant, is that the defendant committed again the crime of this case even though he/she had the record of punishment several times due to larceny, etc., and there is an unfavorable circumstance for the defendant, such as the fact that the defendant has committed the crime of this case, and that the defendant repents and reflects the mistake, and paid 6

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.

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