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(영문) 서울중앙지방법원 2014.04.04 2014고단215

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:20 on May 7, 2013, the Defendant: (a) cut off the “F” coffee specialty store located in Jung-gu Seoul, Jung-gu; (b) with one cellular phone unit of Samsung Ggalian 2 mobile phone equivalent to KRW 1080,00,000 at the market price fixed on the victim’s table.

In addition, from around that time to December 27, 2013, the Defendant stolen goods worth KRW 4,460,80 in total on six occasions, as shown in the list of crimes in the attached Table.

(Attachment 6 Serial Nos. 6) The “salgal gallon identification” in the column of thefts listed in the [Attachment 6] shall be corrected to “salgal galgop”. The summary of evidence

1. Statement of the accused in the first protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. Each statement of H, I, J, C, K, L and G;

1. Police seizure records;

1. CCTV photographs on the suspect and the scene of the crime, and CCTV photographs on the Dozable subway station in the subway station;

1. Report on occurrence of each evidence (record 2 pages, 13 pages, 104 pages, 156 pages);

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 9 pages, 19 pages, 20 pages, 22 pages, 24 pages, 51 pages, 143, 162 pages);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act [Determination of Punishment] for the larceny in general property - general larceny [Special Convict] - mitigated area of mitigation [Determination of recommendation area] mitigated area / [Scope of mitigation area] / statutory punishment under Article 329 of the Criminal Act : One to six years [Scope of Suspension of Execution] : A month : Major reason for suspension of Execution] - A major reason for commission: A negative repeated crime - A major reason for commission: A positive life-type crime [Determination of sentence] is against the defendant; a defendant has no criminal record for the same kind of crime exceeding a fine; a part of damage was returned; and a part of victim was not punished. It is so decided as per Disposition for the above reasons.