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(영문) 대구지방법원 2015.06.04 2015고단1700
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 March 23, 2015, around 09:00, the Defendant stolen the amount equivalent to KRW 14,28,000 from the victim D's living information that was kept in custody for distribution in the Daegu Northern-gu C Nowon-gu, Daegu, by carrying them on a bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] / [the grounds for sentencing] there is no basic area (4 to 8 months) of the theft in general property / [the decision of sentencing] / [the decision of sentencing] / despite the fact that the defendant had been sentenced several times of fines for the same kind of crime including similar crimes, again committed the crime in this case; the victim wishes to punish the defendant; the degree of damage is minor; the defendant is against the defendant at the time of the crime in this case; the economic situation is not good for the disabled of class 2 of the mental retardation; the defendant's age, character and conduct, environment, motive or circumstance of the crime in this case; the means and result thereof; and the circumstances after the crime, etc., the sentence shall be determined as per the order.

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