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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
At around 00:51 on June 28, 2018, the Defendant discovered that the victim E is under the influence of alcohol in front of the D Authorized Broker's Office located in Ulsan-gun, Ulsan-gun. On the other hand, the Defendant cut off the victim's wall owned by the victim (section 2, 50,000 won in cash within the wall, Chapters 1, 1, 2, 2, 3), cell phones, electronic tobacco, etc.
1. Statement by the defendant in court;
1. E statements;
1. Police seizure records and lists of seized articles, photographs, etc. thereof;
1. Application of investigation reports (Attachment of photographs of the scene of the crime), photographs of the scene of the crime, and video CD-related Acts and subordinate statutes;
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 consideration of favorable circumstances described in the grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The sentencing criteria [the scope of recommended punishment] the mitigated area (six months to one year) of three types of theft for general property; and
2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.
The crime of this case is too late to reflect in depth the crime of this case.
Most of the damaged products were recovered from victims and the amount of damage is not significant.
The injured person does not want to be punished by the defendant, and the accused's wife is desired.
◎ 피고인에게 불리한 정상은 다음과 같다.
The defendant has been punished for the same kind of crime over several times.
The instant crime was committed during the period of the suspension of execution of the Defendant’s final criminal records (Seoul District Court 2015 High Court 1329 High Court 1329 High Court 20, July 22, 2015, 1329 High Court 201, 1 year of imprisonment, 3 years of suspended execution, 3 years of suspended execution, and 30 July 30, 2015).
◎ 위와 같은 피고인에 대한 여러 사정 등과, 그 밖에 이 사건 범행의 경위, 피고인의 연령, 성 행, 환경, 범행 동기 등 기록에 나타난 모든 양형요소를 종합하여 피고인을 주문 기재의 형에 처하되,...