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(영문) 서울북부지방법원 2018.05.31 2017고단2247

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[2017 Highest 2247] On May 4, 2017, the Defendant: (a) at the C Parking lot in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; (b) on May 4, 201, 201, 2 Larts equivalent to KRW 50,000 in total of the market prices of the victim D-owned bicycles were stolen by hand.

[2018 Godan 1487] On January 19, 2018, the Defendant carried 1, 200:30,000 and 2,00,000,00 won of the market price owned by the victim who was left behind the camping game machine by taking advantage of the gaps where the surveillance of the victim was neglected, in the camping district operated by the victim F. The Defendant carried 1,00,00,000 won of the market price of the victim’s own.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

[2017 Highest 2247]

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV photographs;

1. Protocol of seizure (2018 Height 1487);

1. Statement by the defendant in court;

1. Application of the statutes on CCTV screen pictures;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the Defendant was punished by a fine twice for the same offense.

Furthermore, the crime of this case was committed even after the punishment of a relatively strong fine was imposed for larceny on February 2017.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

All of the damaged articles were returned to the victims, and the victims' damage was actually restored.

It seems that the defendant did not have much value of stolen items, but did not lead to this case in a contingent manner.

The defendant was detained for not less than two months, and reasonable punishment for the crime of this case was made to some extent.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.