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(영문) 서울북부지방법원 2018.11.01 2018고단2463

절도

Text

A defendant shall be punished by imprisonment for four 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

On May 30, 2018, the Defendant, at around 17:18, 2018, posted 7 cood 7,000 won at the market price, 6 cood 7 cood 7,500 won at the market price, and 14,400 won at the market price, cood cood cood cood 1,400 won at the door.

On June 2, 2018, the Defendant, around 14:30 on June 2, 2018, 2018, brought a theft of KRW 98,000 in cash, which is located within the handbags of the victim, who is the customer, who is located on the display stand in the G clothes sales store located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

on June 30, 2108, the Defendant: (a) around 17:00 on June 30, 2108, 110,000 won in cash, in a garment store operated by J in Gangnam-gu Seoul, Gangnam-gu, Seoul, in which the victim’s surveillance is neglected; (b) by inserting the gap in the victim’s supervision on the part of other money, the Defendant collected 110,000 won in cash inside the knife.

They brought to Korea.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and K;

1. Written statements of D;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommended punishment] The mitigated area (4 months to October) of Class 2 (general larceny) (the person who has been specially mitigated) [the person who has been not sentenced] of the punishment (the decision of sentencing] of the defendant committed a crime with a large number of criminal records and repeated crimes.

However, the sentencing conditions such as the motive, method, and result of the crime, the circumstances after the crime, age, environment, criminal record, etc. are determined as follows: the defendant is against the victim, the victims do not want punishment, the damage is minor, the defendant suffers from early illness, and the motive, method and result of the crime, the circumstances after the crime, the age of the defendant, and the relationship of criminal record.