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(영문) 서울남부지방법원 2019.03.27 2019고단450

절도

Text

A defendant shall be punished by imprisonment for not less than eight 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 01:56 on January 16, 2019, the Defendant: (a) extracted the type “D” type “D” operated by the victim C in Yangcheon-gu Seoul Metropolitan Government; (b) opened the cover cover by putting the batteries on the bood bood bucks of the bood exchange unit; and (c) cut off approximately 530 copies of the victim C’s 1,000 won from January 6, 2019 to January 21, 2019; and (d) cut off one set of approximately 788,000 won in cash owned by the victims from January 6, 2019 to January 21, 2019, and the market price of the victim E-owned by the victim more than 3,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, F, G, and E;

1. Records of seizure and the list of seizure;

1. Each investigation report (the “H” type, the game room’s commission of crime and the method of crime, and the application of laws and regulations to verify the amount of damage inflicted upon H/L extractions).

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The defendant enters a personal game room where no person exists at night and steals cash several times, and the nature of the crime is minor in light of the method and frequency of the crime;

Until now, no damage recovery has been made.

In 2005, there is also a history of punishment for larceny.

The favorable circumstances: The crime is recognized, and there is no record of criminal punishment except the above punishment power.

As above, a suspended sentence of imprisonment shall be imposed by comprehensively taking into account the following circumstances: Defendant’s minor life and behavior, Defendant’s age, motive and background, means and consequence of the crime, the circumstances after the crime was committed, and the sentencing conditions indicated in the instant arguments and records; however, probation and community service order shall be added in consideration of the fact that damage recovery has not been recovered and criminal records