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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 14, 2016, at around 03:13, the Defendant: (a) opened a door that is not locked by the victim D(W, 30 years of age) AD (E) car; and (b) 3.20,000 won in cash (6:0,000 won, one 1,000 won, and 10,000 won) from the LAD (E) that is parked by the victim D (W, 30 years of age) and adjacent to the driver’s seat.
They go back.
Accordingly, the defendant stolen 320,000 won in cash owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The application of Acts and subordinate statutes to photographic data;
1. The Defendant and his defense counsel asserts that the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.
Standard for sentencing [Scope of Recommendation] Standard for Sentencing of Sentencing of General Property (Scope of Sentencing) (2 months to October) in the area of special mitigation (2 months) (special mitigation factors) (special mitigation factors) in consideration of the living types of crime, the circumstances under the decision of non-exclusive sentence, and other conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined in the same manner as the order.
- The recognition and reflect of the crime, the agreement with the victim, and the agreement smoothly - The period of suspension of execution for the same crime has not yet passed after being sentenced to a suspended sentence for the same crime, so there is a high possibility of criticism.