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(영문) 서울중앙지방법원 2014.08.21 2014고단4425

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 13:00 as of December 25, 2013, the Defendant: (a) set up a gallon in Gangdong-gu Seoul, “C” beauty art room, which is located in Gangdong-gu, Seoul; and (b) cut off the sum of 6,00,000,000 won of the market value of seven mobile phones from the said date to March 25, 2014, in the same way, at the gallon-type, where the victim D was placed on the other customer’s head, and the victim D took care of the other customer’s head.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning E, F, G, and H;

1. Each statement of I, J and K;

1. Police seizure records;

1. Seized articles, photographs of the suspect, and category, category and photographs of the suspect;

1. Application of Acts and subordinate statutes to investigation reports (the place of damage and the description of the victim);

1. Article 329 of the Criminal Act applicable to the 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The crimes subject to the recommending sentencing criteria shall be subject to the application of the sentencing criteria, and correspond to the basic area of general larceny (two months to one year and six months); and

2. The Defendant committed the instant thief in several occasions, and there is no other record other than the punishment of a fine by larceny on May 2014, 2014, which was after the instant crime committed, that there was no other force other than the punishment of a fine by larceny; contrary to the fact, the victim was temporarily returned and the victim was recovered from damage; the Defendant’s age, character and behavior, family environment, the background, means and consequence of the instant crime, and the circumstances before and after the commission of the instant crime; and all the sentencing conditions specified in the instant records and arguments, including the Defendant’s age, character and behavior, family environment, the circumstances before