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(영문) 서울중앙지방법원 2013.04.05 2013고단345
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

On June 18, 2009, the defendant is a person with the same criminal records two times more, such as being suspended from indictment for special larceny at the Incheon District Prosecutors' Office.

On December 26, 2012, around 13:50 on December 26, 2012, the Defendant discovered that the victim D is diving by leaving one cellphone ( smartphone) with the market price of 900,000 won in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and found the victim’s property theft.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Screenings of Cracks or CCTV video data;

1. Application of statutes to copies of resident registration certificates;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant, at the beginning of 2012, was to bear a large amount of debt due to gambling in 2012, tried to commit suicide and attempted suicide. The symptoms of Teinson were given to the aftermason’s disease. Since then, smartphones have been stolen and sold in the same number of times in order to raise living expenses in soup and so forth, so as to make a living by going through a soup and so on, and make up for the living expenses. The defendant is currently against his depth and is divided, and the parents of the defendant are also able to properly guide and look at the defendant, and there is no more charge than the suspension of execution, and the defendant’s age, family relationship, family environment, circumstances after committing the crime, and the scope of recommended sentencing guidelines shall be determined as per the order.

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