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(영문) 서울서부지방법원 2018.12.07 2018고단3492

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 September 18, 2018, around 19:45, the Defendant, at D stores operated by the victim C Co., Ltd. in Eunpyeong-gu Seoul Metropolitan Government on September 18, 2018, had a total of 29,800 won of food materials, such as a factoring of the market price of 15,900 won, and a factoring of the market price of 13,900 won.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on the report of internal investigation (the CCTV reading, etc. in an generated place);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The mitigated area of category 2 (general larceny) [the person who has been specially mitigated] [the person who has been sentenced to punishment] is not subject to punishment [the normal conditions favorable to the decision of sentence], and the circumstances unfavorable to the victim which have agreed with the victim: The defendant's age, sexual behavior, environment, motive and background of the crime, means and consequence of the crime, etc. are four times, and the punishment shall be determined in consideration of all the circumstances, such as the defendant's age, sexual behavior, environment, motive and consequence of the crime, the circumstances after the crime, etc.