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(영문) 서울남부지방법원 2016.01.19 2015고단2438

절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 3, 2015, the Defendant: (a) around 02:35, at the 3rd floor of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, 846, the 3rd floor, the 81,000 won in cash owned by the injured party C, and the 81,000 won in cash owned by the injured party, and the 81,000 won in cash owned by the injured party CM under the influence of alcohol to the injured party C; (b) at the market price of the 1,00,000 won in a gallon-type 21, the market price of the 80,000,000 won in total; and (c) at the gallon-type ju, the 1,00,000 won in a mobile phone of the market price of which is equivalent to 10,000,000 won in cash.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., despite the fact that the defendant had been punished several times for a crime of larceny of the same kind, etc., in the 2000s, the defendant, who was diving in the previous 200s, repeats the crime of this case that followed the bank of the victim and steals the object, the degree of damage is not less than that of the victim, and there is no agreement with the victim until now, and the detention warrant was executed due to the absence of this court, and there is a need to punish the defendant as imprisonment.

However, the defendant is arrested at the site and the damaged goods have been entirely returned; the confession of crime and reflects the depth repeatedly; there is no record of crime other than fines; and other circumstances such as the defendant's environment, family relationship, etc., the sentence of a suspended execution as ordered shall be imposed only once in consideration of the fact that there is a possibility of recidivism of the same kind.

Since it is judged, the protection observation order is added in order to prevent recidivism and promote sound rehabilitation to the society.