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(영문) 광주지방법원 목포지원 2016.01.29 2015고단1718
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant opened a steering door of the victim E, who was parked at the same location, and examined the inside of the vehicle with hand poles, etc., and carried 120,000 won in cash of the victim E, who was kept in the container so-called Contac.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection, CCTV verification, etc.), investigation report (G or other CCTV verification), investigation report (in cases of tracking a suspect vessel), and investigation report (in cases of tracking a suspect vessel);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Determination of types of larceny: Two types of larceny for general property;

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no person who is subject to special sentencing):

3. In full view of all the circumstances, such as the Defendant’s age, sex, environment, and circumstances before and after the crime of this case, it appears that the Defendant would be against the recognition of the crime of this case, the frequency of larceny was limited to once, the amount of damage was a small amount, there was no record of criminal punishment heavier than the previous fine, and the Defendant’s age, sex, environment, and circumstances before and after the crime, etc., the punishment as ordered within the scope of the recommended punishment set in the sentencing guidelines shall be determined.

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