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(영문) 인천지방법원 2015.05.27 2014고단4372
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 201, the Defendant arbitrarily sold to the F Company (business owner G) at around September 15, 2012, the Defendant cut off the above machinery of KRW 28,250,000 at the market price owned by the victim, by having the F Company (business owner G) possess the said machinery, which is equivalent to KRW 28,250,00,00 in the market price owned by the victim, by “D” operated by E with the factory at the time, which was operated by E, a factory at the time, around June 10, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Application of Acts and subordinate statutes concerning a complaint, tax invoice copy, and list of tax invoices;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types (general larceny) mitigated factors: From April to October 10 of the amount of punishment not to be imposed (the scope of recommending punishment) for general property, which are subject to the sentencing guidelines (the determination of types of punishment).

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the various sentencing conditions, including the following: the fact that the defendant for a year of suspended execution of four months is against the crime of this case; the victim does not want the punishment of the defendant; there is no record of crime; the defendant appears to have dependents; and the defendant's age, character and conduct, environment, motive and circumstance of the crime; and the circumstances after the crime.

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