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(영문) 부산지방법원 2020.11.25 2020고단3820
절도
Text

A defendant shall be punished by imprisonment for six 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 August 9, 2020, the Defendant, around 12:10 on August 12:10, 202, in the D 1st floor operated by the victim C in Busan Jung-gu, the Defendant stolen it by holding 162,00 won of the market value, which is the victim’s own display at that place, in a way that the Defendant stolen it by holding 162,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F’s written statements, photographs, field photographs and statutes;

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 recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 2] general larceny [Special thief] mitigation elements: Non-members of punishment [the scope of recommending area and recommending punishment] mitigated area, imprisonment with prison labor for April through October;

2. Determination of sentence: An unfavorable circumstance is that a single crime is repeated.

However, considering the fact that there are some circumstances that can be considered in the course of committing the crime, the damage amount is relatively minor, the fact that the damage amount is seriously against the victim, and the victim agreed smoothly, the punishment shall be decided as ordered in consideration of the defendant's age, character and behavior, environment, circumstances after the crime, etc.

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