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(영문) 서울동부지방법원 2017.08.03 2017고단2041

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 21, 2017, the Defendant: (a) at the “E” bank operated by the victim D, who was in the Government of the Gyeonggi-si, Gyeonggi-si, 17:56 on June 21, 2017, the Defendant: (b) changed the victim to show gold hacks and gold hacks; and (c) the victim hacks one gold hacks equivalent to KRW 4.1 million at the market price owned by the victim and one gold hacks equivalent to KRW 2.2 million at the market price.

In order to wear a fishing leash and to take the phone call at the time of diving, the said gold lag, wearing one gold lab and one gold lab, and they were stolen.

2. On June 26, 2017, the Defendant: (a) around 19:20 on June 26, 2017, at the “H” bank operated by the Victim G in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) 2 gold bars equivalent to the total market price of the victim’s possession, which the victim had been in custody in the display site, after requesting the victim to show gold gings; and (c) 2 gold gings

In order to set up two gold bars above the display site, two gold bars were used as they were, and they were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Seizure records;

1. Reporting on investigation (E shall be subject to the application of CCTV investigation Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Review of the sentencing criteria (the scope of recommended punishment) [the basic area of the theft of general property (general larceny) (one month to one year and six months) (the person who has been subject to special sentencing];

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

A part of the damage that has the history of fine for the defendant has been returned and the victim G has not been punished for the defendant, the defendant is against the defendant, and there is no history of exceeding the fine.