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(영문) 서울남부지방법원 2017.04.20 2016고단5525

절도

Text

A defendant shall be punished by imprisonment for not less than three 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

1. The Defendant against the victim B, from around 10:30 on September 18, 2016, in relation to the theft.

9. From around 13:45, up to 19:13:13, at the D convenience store operated by the victim B located in Yeongdeungpo-gu Seoul Metropolitan Government, the victim C brought about a theft of things equivalent to the total market value of KRW 84,000, such as 20 Slive Co., Ltd., which was displayed at that place by using the gaps of surveillance negligence, such as the first one, 15 C and 2 shopping bags.

2. On September 18, 2016, the Defendant stolen the victim E at a G convenience store operated by the victim E located in Yeongdeungpo-gu Seoul Metropolitan Government on September 18, 2016, where the victim E was displayed in such a place by taking advantage of the gaps in surveillance, the Defendant stolen one ice C forest equivalent to KRW 1,500 at the market price.

3. From September 24, 2016, around 11:30 on September 24, 2016, the Defendant: (a) committed theft against the victim’s name influorous owner of the victim’s name in Yeongdeungpo-gu Seoul Metropolitan Government H; (b) committed theft against the victim’s name influorous owner of the victim’s name influorous owner of the victim’s name influorous owner of the victim’s name.

4. From October 18:00 on October 4, 2016, the Defendant: (a) committed theft against the victim J; (b) at D stores operated by the victim J of K located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, the Defendant stolen the Plaintiff’s 2 factoring in the total market price of KRW 5,600, which was displayed in such a place by taking advantage of the gaps of surveillance negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to CCTV photographs and damaged photographs (as to the crimes of No. 3 in its holding);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant committed the instant crime even if he/she had been punished several times as his/her previous forces, and that it has not been recovered from damage.

However, the fact that the amount of damage is not high, confession and reflects the crime, the age, sexual behavior of the defendant.