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(영문) 서울동부지방법원 2016.03.30 2015고단4106

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 4106]

1. On October 18, 2015, at around 16:18, 2015, the Defendant: (a) committed a theft with 1,200,000 won or more at the market price, which was the victim’s possession of clothes in the store, while putting clothes in the room by means of a cresh in which surveillance by the victim E, who is the head of the place, was neglected; and (b) committed a theft with 1,20,000 won or more at the same time.

2. On November 29, 2015, around 16:42, 2015, the Defendant: (a) cut off the said place with a man’s fluor equivalent to KRW 1,400,000 at the market price owned by the said victim by the said method.

[2016 Height 264] On November 28, 2015, the Defendant: (a) at the discount event site of “G” managed by the Defendant F of the victim F of the 1st underground floor in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, the Defendant stolen the Defendant’s 159,000 won of the Non-owned Price of the victim’s hot spring site owned by the victim, using any gaps in which the victim’s surveillance was neglected.

Summary of Evidence

[2015 Highest 4106]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of E;

1. A protocol of seizure and a list of seizure;

1. Report on occurrence, internal investigation report, and each investigation report [2016 order 264];

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement prepared by the F;

1. A protocol of seizure and a list of seizure;

1. A report on the occurrence of an accident and a report on internal investigation; and

1. Application of the Acts and subordinate statutes to photographs and seized objects taken to a course;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommended punishment] : The scope of final sentence due to the aggravation of multiple offenses in the basic area (4-8 months) by category 1 (the theft of neglected water, etc.) (one-eight months): April - 20 - April 14 - the defendant again commits the crimes of the same veterinary law even though he/she was punished more than 10 times by a fine due to the crime of the same veterinary law, and the reason for committing the crimes is to H department store.