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(영문) 창원지방법원 통영지원 2015.05.13 2015고단291
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

Criminal facts

On April 3, 2015, around 01:05, the Defendant fished the hand room brought by the victim D at the front parking lot of Dao-si, Dao-si.

As a result, the Defendant stolen the victim's bags containing 52,70 won in cash owned by the victim, handets, check cards, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Seizure records;

1. CCTV image data;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 329 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommending punishment in accordance with the sentencing guidelines (decision of types of punishment): Type 3 (Special Larceny) (Special Convicts): Reductions: Imprisonment with prison labor for 6 months to 1 year; and

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: A person who seizes a bank in which the victim is living;

- A favorable circumstances: The fact that the victim agreed with the victim, who had the brupted victim appointed an attorney-at-law for the defendant, has no particular criminal record, except the minor fine for this species, appears to be a contingent crime, and reflects the situation.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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