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(영문) 대전지방법원 홍성지원 2014.07.09 2014고단248
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 31, 2013, the Defendant: around 04:12 on December 31, 2013, at the E convenience point for the management of the victim D, the victim was 5.8 million won in cash owned by the victim, who was kept in the head of the Singue and the safe, using the gap in his returning home, and stolen the victim’s money.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims of D;

1. Application of Acts and subordinate statutes to report internal investigation (the amount of damage, specifying the amount of damage and attaching photographs of current sales status);

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;

1. Determination of the type of punishment under Article 62-2 of the Criminal Act on Probation [the scope of punishment according to the sentencing guidelines] shall be based on the following factors: Punishment of larceny, theft against general property, theft against general property, and special punishment for Type II: The scope of recommending punishment that no relevant person is punished: imprisonment for not less than six months but not more than one year and not more than six months (decision of sentence] in 8 months, suspension of execution from 208 in 2008, although the amount of damage was low, the victim of the instant crime has been repeatedly committed, but has not yet been recovered from damage; the victim of the instant crime was selected to be sentenced to imprisonment in consideration of his age, character and conduct, family and residential environment, motive for the instant crime, result of the crime, and circumstances after the crime, etc.; the defendant has no power to impose a fine against the defendant; the defendant has no opportunity to be punished against the defendant; and the defendant needs to be granted an opportunity to be granted as a sound youth prior to the execution of the punishment as a sound youth.

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