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(영문) 춘천지방법원 영월지원 2017.03.28 2016고단436
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 2016, the Defendant: (a) entered the ginseng dry field of the victim C in Yong-gun, Young-gun around the end of June, 2016; (b) cut off approximately 20 roots of the ginseng of approximately 105,00 won at the market price owned by the victim; and (c) cut off by hand about 20 roots of the ginseng of approximately

2. Around 04:00 on August 6, 2016, the Defendant: (a) cut off the ginseng field of the above victim C from the ginseng field of the victim; (b) 2 years old ginseng roots equivalent to KRW 40,000, the market value of which was owned by the victim; and (c) 8 years old ginseng roots.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Investigation report (as to the volume of damaged articles);

1. Application of Acts and subordinate statutes on seizure records;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] The mitigated area (4 months to 10 months) of the mitigated area (the general larceny) / [the person who is specially mitigated] who is not subject to punishment [the decision of sentencing] is recognized that the defendant has been punished several times for the same kind of crime.

However, considering the fact that the victim does not want the punishment under the agreement with the defendant, the amount of damage is minor, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions indicated in the records, such as the circumstances after the crime.

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