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(영문) 부산지방법원 2019.07.10 2019고단2191
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 10, 2019, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Daegu District Court on August 10, 201, and the judgment became final and conclusive on January 18, 2019.

On May 21, 2019, at around 07:40, the Defendant made a distribution to the dong-gu, Daegu-gu, 550 Dong-gu, which was located in the dong-gu, Daegu-gu, and caused the Defendant to cut off the crepit where the victim B was installed in the front pole of the gu, Daegu-gu, 550, and the victim B discovered the crepit where the surveillance of the victim was neglected, and put it on the shoulder where the 200,000 won of the market price of the victim was flooded.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. CCTV-cap photographs;

1. Before judgment: Records of criminal records, results of criminal investigations, and reports (applicable to crimes during the same criminal records, the period of suspension of execution), and statutes;

1. The applicable Article 329 of the Criminal Act concerning the facts constituting the crime, the reason for sentencing selecting imprisonment;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property [Class 1] thief for neglected objects, etc. [the scope of recommending area and recommending punishment] basic area; and thief for April through August;

2. Determination of sentence: A decision shall be made as ordered, taking into account all the circumstances that conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of a crime, and circumstances after a crime, etc., taking into account the fact that the crime was committed during the same suspended execution period, the denial of the crime, and the damage was not completely recovered.

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