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Reasons
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(영문) 광주지방법원 순천지원 2015.06.10 2015고단572
절도
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A defendant shall be punished by imprisonment for not more than ten 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 March 9, 2015, around 06:48, the Defendant stolen the victim’s market price owned by the victim E(29 years of age) on the top of the water surface room by taking advantage of the cresh and cresh in the 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Application of each investigation report and each statute governing video CDs;

1. Relevant Article 329 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Reduction elements for types II (general larceny): Reduction factors for general property: Aggravation of punishment (general person): Specific repeated crime not falling under extenuating circumstances, such as double repeated crime not falling under repeated crimes, and such previous and (less than 10 years after the completion of execution) (the scope of determination of the recommended area and recommendation) mitigation area, April-10 months;

2. Whether or not the suspension of execution is [major reasons for the suspension of execution: negative reasons: negative] previous convictions for the same kind (not more than five years, not less than a suspension of execution, or not less than three times) [major reasons for the suspension of execution: positive reasons] [including serious efforts to recover from personal injury or to recover damage], and previous convictions for the suspension of execution not less than two times (including negative reasons for the suspension of execution: positive damage]; and

3. Comprehensively taking into account the following circumstances: (a) five previous convictions disadvantageous to the decision of the sentence; (b) the normal theft amount favorable to the previous convictions is relatively small; and (c) the victim does not have the punishment for the defendant; and (d) the family relation of the defendant; and (e) the age, character and conduct of the defendant; and (

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