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(영문) 서울중앙지방법원 2018.05.15 2018고단258

절도

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On January 30, 2018, the Defendant was sentenced to 7 months of imprisonment with prison labor for special larceny and 2 years of suspended execution to the Seoul Western District Court on February 7, 2018 and the judgment became final and conclusive on February 7, 2018.

[2] On November 24, 2017, at around 01:53, the Defendant found the victim E from around the restaurant “D” located in Jung-gu Seoul Metropolitan Government, to deliver it to the said restaurant, the Defendant: (a) discovered iron plates of 12,00 won at the market price set up in front of the said restaurant; and (b) stolen them by using the gaps in which the victim’s surveillance was neglected.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A photograph of a CCTV course;

1. Previous record: Application of Acts and subordinate statutes to the defendant's legal statement and investigation report (the same type of suspect and the confirmation of a case under trial);

1. Article 329 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, has the same criminal history as the defendant with the same reason.

However, this case is not so-called a so-called living-type crime, and the victim is not punished.

The statement, the fact that the defendant is against the defendant's act of crime, the fact that the defendant is against the defendant's act of crime, and the balance with the case that the judgment becomes final and conclusive at the same time, etc. shall be considered, and the punishment as the order shall be determined by considering the sentencing conditions prescribed in Article 51