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(영문) 전주지방법원 2015.06.30 2014고단788
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 became final and conclusive.

Reasons

Punishment of the crime

At around 16:30 on December 22, 2013, the Defendant: (a) laid down “D” or a bath room located in Yansan-gu, Yansan-si; (b) caused the victim E to put the key of the clothes in a bathbow and her fluor, thereby neglecting due care; and (c) caused the said fluor of the key to the said bathbus, she stolen KRW 300,000 of the cash owned by the victim from the wall that was kept in custody.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. From one month to six years of punishment by law; and

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment) for the larceny of general property: Type II (general larceny) - [Special Convict] mitigation area of mitigation area of mitigation area [decision of recommendation area] mitigation area [general person] mitigation area] - serious reflection in case where damage has been recovered from considerable mitigation area of mitigation factors [the scope of recommendation area] from April to October.

3. Although the defendant who has been sentenced to punishment three times (two times of suspension of execution, one time of fine) for the same crime, the defendant has been sentenced to punishment in depth after recognizing the crime of this case. The amount of damage of this case is relatively small, and the amount of damage of this case is returned to the victim and the victim does not want the punishment of the defendant, and other sentencing conditions of Article 51 of the Criminal Act stated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by considering various sentencing conditions of Article 51 of

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