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(영문) 전주지방법원 2018.01.26 2017고단1752

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2017, the Defendant: (a) was stolen by inserting food and beverages, such as the number of years in which the market price was 7,200 won in other display stand, and the number of years in which the victim C was placed in other display stand, on May 1, 2017, and around 19:00 and around May 1, 2017.

2. On July 17, 2017, the Defendant: (a) thief, on July 17, 2017, posted food and beverages, such as coffee mixing, tea, and ice cream, which are equivalent to KRW 23,600, in the market price where the victim’s surveillance was neglected in other display stand; (b) thief, on July 17, 2017.

3. On July 22, 2017, the Defendant, around July 22, 2017, stolen: (a) removed the shape of the product, put in a bank room, and stolen the shape of the product at a price equivalent to KRW 29,900, which was displayed in a crepan in the first floor H store below the G department store managed by the victim F in Yansan-gu, Jeonju-si, Seoul, with a view to neglecting the victim’s surveillance at the first floor H store above the G department store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. C’s petition;

1. Each report on internal investigation (related to photographs, etc. and on-site investigation);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abstinence of intention and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Review of the sentencing criteria;

(a) Crimes of Type 1, 2, and 3 [Scope of Recommendation] thief for general property, and types 2 (General thief) for mitigation area (limited to 4 months to 10 months), (special mitigation factors) for living;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of four months from January to June 10; and

2. The facts that the defendant fully recognizes the instant crime and the total value of the stolen goods is not the maximum amount for the reasons favorable to the determination of sentence.