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(영문) 서울중앙지방법원 2017.11.29 2017고단6498

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 August 4, 2017, around 18:45, the Defendant entered the “E precious metal store” operated by the victim D in Jongno-gu Seoul Metropolitan Government, as a customer. The Defendant: (a) carried gold and gold strings into the left arms with a string of the gold strings; (b) took one gold strings on the Gap own display stand; and (c) cut off the gold strings and gold strings in an aggregate of KRW 14.2 million, the market value of the victim’s ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Entry into a protocol of seizure and a list of seizure;

1. Application of each of the visual Acts and subordinate statutes to a photograph of the CCTV images taken with the scene of a crime;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment for the sentencing criteria / [type] the scope of punishment for general property / [the scope of punishment for a person who is subject to special mitigation] mitigated area (the scope of punishment for a person who is subject to special mitigation], for April to October;

2. According to the reasoning of the lower judgment, the sentence shall be imposed within the scope of the recommended sentence, taking into account the following circumstances: (a) the Defendant was punished for the same crime; (b) the value of the damaged goods was not significant; (c) the damaged goods were seized and returned to the victim; (d) the Defendant agreed that the Defendant was smoothly with the victim; and (e) the Defendant did not have any record of a suspended sentence or heavier punishment; and (e) the Defendant has led to the confession of the crime; and (c) the Defendant’s age, sexual conduct, motive for the crime; and (d) the circumstances that