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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 becomes final and conclusive.
Reasons
Punishment of the crime
On May 30, 2014, the Defendant: (a) was a person working as a delivery agent for the East Asia D branch; (b) discovered the victim E, being drunk at the entrance of the building located in Seocho-gu Seoul, Seocho-gu distribution 4-dong in Seocho-gu, Seoul; (c) discovered the victim E, who was divingd, with the documents attached thereto; and (d) cut off one colored document with the cash of KRW 383,00,000, which the victim owned.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes concerning police seizure records;
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. 보호관찰 및 사회봉사명령 형법 제62조의2 양형의 이유 [유형의 결정] 절도범죄, 일반재산에 대한 절도, 제2유형(일반절도) [특별양형인자] - 없음 [권고형의 범위] 징역 6월 ∽ 징역 1년 6월(기본영역) [선고형의 결정] 동종 범죄로 형사처벌을 받은 전력(실형 1회, 집행유예 2회, 벌금 1회)이 많은 피고인이 재차 이 사건 범행을 저지른 점 등은 피고인에게 불리한 정상들이다.
On the other hand, the fact that the defendant has no particular criminal record for about 10 years recently, the damaged goods have been temporarily returned, and most of the damaged damages have been recovered, and the defendant has repented his mistake and reflected his depth, etc. are favorable to the defendant.
In addition to the above circumstances, the sentencing conditions stated in the records of the instant case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be sentenced to the same sentence as the disposition.