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(영문) 수원지방법원 2016.12.22 2016고단5362
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

around 18:00 on June 28, 2016, the Defendant: (a) placed four steel plates of ice lease materials, which are construction materials for elevator installation in the aggregate amount of KRW 200,000,00 in the market price owned by the victim C, at the construction site of the Si-si in Osan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. Reasons for the suspended sentence of punishment under Article 62(1) of the Criminal Act / [the scope of recommending punishment] The mitigated area of punishment [the mitigated area of category 2 (General Larceny in April to October] [the decision of sentenced punishment] [the damage that the victim has to suspend to manufacture the stolen material in order to newly manufacture the stolen material] The damage is not less severe due to the occurrence of the damage caused by the crime of this case, the fact that the victim has the record of punishment for the same crime is disadvantageous, the fact that the victim has recognized and reflected his mistake, the victim does not want the punishment for the defendant, the damage itself is relatively minor, and the fact that the victim does not want to be punished for the defendant is relatively minor is considered as favorable circumstances, and the punishment is determined as per the order, taking into account all the sentencing conditions specified in the arguments of this case, such as the age, character and conduct, motive for the crime, motive for the crime, circumstances after the crime

It is so decided as per Disposition for the above reasons.

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