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(영문) 서울동부지방법원 2017.05.11 2016고단3927

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 October 27, 2016, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny in Seoul Eastern District Court on April 27, 2016, and the said judgment became final and conclusive on November 2, 2016.

1. The Defendant committing the crime in C indicated “G” on September 19, 2016 in the bill of indictment (hereinafter referred to as “G”), but according to the evidence duly adopted and examined by the court, this appears to be a clerical error and even if corrected, it is unlikely to bring any substantial disadvantage to the Defendant’s exercise of his/her right to defense, and thus, it is corrected ex officio.

In the case of C, the victims displayed using the gaps of employees such as victims E and F, etc., who were employees, were stolen by putting one of the LG Gap PC 44,000 won at the market price managed by the victims.

2. On September 19, 2016, the Defendant: (a) committed the crime at H around 16:10, in a manner that, around 2016, the victim J, the head of the branch office in Gangdong-gu Seoul Metropolitan Government, was stolen by putting one of the LG seat PC in his/her own bank, which is equivalent to KRW 329,00,000, at the market price managed by the injured party, who was displayed in a cresh of his/her employees, such as the victim J, the head of the branch office in Gangdong-gu Seoul Metropolitan Government.

3. Around September 19, 2016, the Defendant committed a crime in K, at K located in Gangdong-gu Seoul Metropolitan Government, committed a theft by hiding out of the clothes containing one roll of 119,000 won at the market price, where the damaged person, who was displayed by making use of a cresh in the surveillance of his employees, such as the victim M, etc., who are the head of the branch office in Gangdong-gu Seoul Metropolitan City, was the victim, by hiding out of the clothes containing one roll of 119,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of J, M and E;

1. Records of judgment: Reporting on the past records of disposition and results of confirmation, and the application of the text of judgment;

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

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.