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(영문) 수원지방법원 2016.10.21 2016고단4970
절도
Text

A defendant shall be punished by imprisonment for six 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

At around 01:50 on August 19, 2016, the Defendant: (a) came to the new construction site of an officetel managed by the victim D, the victim D, who was located in the Heungdong-gu, Youngdong-si; (b) opened and opened the entrance by hand, and went into the entrance; and (c) cut off with goods equivalent to KRW 204,00,000, total market price of the 50,000, 165,000, and 120,000,000, the market price of the victim, who was located in the said site, was located in the location.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each video statute to images, such as CCTV images to a photograph and a theft;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] the basic area (the scope of recommendations] of types 1 (the theft of stolen articles, etc.) for general property, four months to eight months; and

2. An unfavorable circumstance that is not agreed with the victim of the decision of sentence: (a) the defendant has no record of punishment heavier than that of suspension of execution for the same kind of crime; (b) the confession of the crime; and (c) the victim’s damage was fully returned; and (d) the defendant’s age, character and conduct, environment, motive of the crime; and (e) the circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined within the scope of recommendation as ordered.

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