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(영문) 서울동부지방법원 2014.05.28 2014고단795

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

1. On March 6, 2014, around 14:33, 2014, the Defendant: (a) stolen the victim’s 8-story event room located in Gangdong-gu Seoul Metropolitan Government by putting the victim’s D’s surveillance in a cresh which is the cause of the occupation in front of the store; and (b) 304,00 won in the total market price managed by the victim, 1, 1, and 1, 1, 1, 1, 1, 1, 1, and 1, 1, from the plastic bag.

2. On March 6, 2014, around 16:50 on March 6, 2014, the Defendant: (a) cut off the victim’s 12,00 won in the market price, which was displayed at the event room using a cresh of surveillance by the victim’s G, which is a cause of the occupation, in the event room in Gwangjin-gu Seoul Special Metropolitan City, by putting the victim’s cresh 12,00 won in the list and titts 1, and titts 1 in the bags.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes on police seizure records;

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

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. Reasons for sentencing in Article 62-2 of the Probation Criminal Act: (a) Category 1 (Determination of Punishment) (General Larceny) (General Larceny) for general property; (b) for mitigated factors [Determination of the recommended area] for mitigated factors (Determination of the recommended area] [Scope of Punishment] for Larceny from April to October (Determination of Punishment] for General Property] for Types 2 (General Larceny) [Determination of Punishment] for Larceny [Determination of the recommended area] for mitigated factors [Determination of the recommended area] for mitigated factors] for 4 to 10 months [The scope of the recommendation area] for mitigated factors / [The scope of final sentence] for 4 to 10 months [the scope of punishment] for multiple aggravated crimes (Determination of the final sentence 1/2 for the maximum limit of crimes 1/2): from April to January 3 [Determination of the sentence] for the same kind of punishment.

On the other hand, however, consideration is given, such as the reflection of the situation, the smooth agreement with the victims, and the continued treatment due to the shock disorder.