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(영문) 대구지방법원 영덕지원 2014.11.26 2014고단119
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 of the final judgment.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant: (a) around 22:30 on April 22, 2014, at the “E” operated by the victim D in the underground floor of the C Building in Chungcheongnam-gun, Chungcheongnam-do; (b) carried KRW 20,000,000,000,000,000 won in cash, owned by the victim, who was in the victim’s household located in the seat of the Kabter, with the Kabter located in the seat of the Kabter.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Report on internal investigation (including attachment of photographs of CCTV at the site of the incident), report on internal investigation (including attachment of photographs), CCTV related to the suspected vehicle (including Chapter IV photographs), report on internal investigation (including Chapter IV photographs attached), report on internal investigation (including attachment of photographs attached thereto), internal investigation report (including attachment of photo), internal investigation report (Attachment of a driver's license of a deceased person), internal investigation report (including attachment of photo of a deceased person's driver's license of a deceased person), report on internal investigation (including attachment of photographs at the scene of the damage), application of statutes;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an agreement is reached by the payment of KRW 2 million to the victim, and the fact that the crime is repented and confessioned late);

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

1. Decision on the scope of sentencing guidelines set forth in the sentencing guidelines: Sentencing guidelines - 01 general property larceny - Special thieves, such as neglect of one kind of punishment - None of the factors to be mitigated: The scope of recommendations not to punish a person: Not more than six months;

2. Aggravation factors of general persons: Dong previous division that does not correspond to repeated crimes (less than 10 years after the completion of execution): No such element (the court shall consider the sources of no punishment as a special sentencing, and thus does not consider the background of damage which caused the grounds of no punishment as a separate sentencing person);

3. Criteria for suspension of execution;

(a)major adverse factors: not more than 5 years old;

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