절도
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant against B, an applicant for compensation, 5.7 million won, and C, an applicant for compensation.
Punishment of the crime
1. On February 5, 2020, the Defendant: (a) around 19:45 on February 5, 2020, on the part of the victim C, operated by the victim C in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the Defendant: (b) worn the gold scrap; (c) taken off one gold scrap equivalent to KRW 5,700,000 at the market price owned by the victim and stolen it by means of escape
2. On February 18, 2020, the Defendant: (a) on February 18, 2020, around 18:04, the Victim B operated by the Victim B in Sinpo-si E wearing a gold bling; (b) on the part of the victim, the Defendant cut off one gold bling at the market price equivalent to KRW 5,700,00 and escaped from the victim.
Summary of Evidence
1. Application of the CCTV photographs and CCTV-related Acts and subordinate statutes to the victim's fingerprints, named as the victim's fingerprints B written statement of the defendant's legal statement C;
1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;
1. Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution shows the attitude of the defendant to reflect the error in sentencing, etc. shall be considered as favorable circumstances.
However, in light of the fact that the defendant has been sentenced to a sentence and a fine for the same kind of crime under the same law, each of the damages of this case has not been recovered, and the victims want to punish the defendant, it is inevitable to severely punish the defendant.
In addition, the sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation, environment, motive and background of the offense, means and consequence, etc., shall be determined as ordered in comprehensive consideration.