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(영문) 서울중앙지방법원 2018.07.25 2018고단2787

절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a parking staff member of the “C” apartment house. On April 21, 2018, at the above apartment house parking lot located in Gangnam-gu Seoul, Seoul around 01:30,000 won, the Defendant parked a passenger car with the victim E Flele, and the Defendant’s vehicle parking at the victim E Flele: (a) one half of the base price of the victim’s 90,000 won at the market price, which is the victim’s possession in the passenger boat cup, and two half of the market price equivalent to KRW 2,40,000,000,000, in total, such as one half of the base price, which is KRW 3,300,00.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements from victims E);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) have the record of being punished for the same kind of crime in the past.

Damage victims are punished for defendants.

However, considering the fact that the theft of this case was returned to the victim, the fact that the defendant served as a parking personnel and caused contingent crimes, and the fact that the value of the theft was not significant, etc.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the order.