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(영문) 서울중앙지방법원 2019.11.26 2019고단6339

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 13, 2019, at around 20:49, the Defendant: (a) cut off one string crap equivalent to KRW 2.50,000 in the market value of the victim D(35 years of age, south) in front of the water tank; and (b) cut off the string 2.50,000 won.

2. On September 19, 2019, the Defendant: (a) came to the Jung-gu Seoul Metropolitan Government E on September 19, 2019; and (b) took advantage of the gap where all market merchants neglected surveillance in late night hours; (c) opened a tent of the board for rice millet; and (d) cut off one bank for mountain use, which is owned by the victim F. (50 years of age, south).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The written statement of G and D;

1. Investigation report (a statement made by a victim, such as damaged goods);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

(b) Class 2 (Determination of Punishment) thiefth thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. Determination of sentence: The defendant has the same kind of force, including the sentence of a suspended sentence of imprisonment for a term of six months disadvantageous to him/her;

Since the defendant seems to have repeatedly committed the same kind of crime without any particular awareness, it is necessary to punish him strictly.

The favorable circumstances: For the purpose of the ruling.