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(영문) 수원지방법원 성남지원 2018.01.19 2017고단3210

절도

Text

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

Reasons

Punishment of the crime

1. The Defendant, at around 10:00 on October 2017, 201, took advantage of the gaps in D S7 mobilephones and surface rooms located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) and stolen the victim’s market value located adjacent to the victim’s 800,000 won.

2. On November 14, 2017, the Defendant: (a) cut off the victim H, the victim H, who is a three new company staff member, at the seat of the Seo-gu Incheon Seo-gu Incheon, with one cellphone, at the victim’s market price on the front of the seat, at around 21:20 on November 14, 2017.

3. The Defendant, at the time, at the time, at the place specified in paragraph 2, destroyed the gap in which the victim I, who is a fluor, was in the same place, with one gallon in the market value equivalent to KRW 900,000,00,000, at the victim’s market value, which was being charged at the fluor, was stolen.

4. On November 16, 2017, the Defendant discovered the victim L's cell phone in the K Gaba or the resting room located in Sungnam-si, Sungnam-si, J, by putting the victim's cell phone in head side, and then cut off the victim's cell phone by putting the victim's cell phone 7 mobile phone in excess of one million won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and H;

1. A photograph of a CCTV course;

1. Application of Acts and subordinate statutes to records of seizure and list of seizure, and photographs of damaged articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is to steal a mobile phone in a soup room, and to be sentenced to a suspended sentence of imprisonment with prison labor for larceny ( imprisonment with prison labor for eight months and two years of suspended sentence), and it is inevitable to reduce the same kind of crime during the suspended sentence.

However, in consideration of all the sentencing conditions indicated in the record, such as the fact that the defendant commits a mistake and each damaged article has been returned, the punishment shall be determined as ordered.