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(영문) 서울동부지방법원 2017.02.02 2016고단2839

절도

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to depression, depression, etc.:

1. On June 2, 2016, Defendant 2839: (a) around 18:15, 2016, Defendant D, operated “E” stores operated by the victim D on the first floor of Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu Seoul Special Metropolitan City, with a 85,000 won or more at the market price, which is owned by the victim, due to their customers, was stolen.

2. At around October 24, 2016, Defendant 2016, Defendant 4142, at the “H” store operated by the victim G located in the Jung-gu Seoul Central Government Government market, Jung-gu, Seoul around October 24, 2016, Defendant 1 stolen six mothers with a total sum of 30,000 won of market price, which was displayed before the store by using a cre in which the victim’s surveillance was neglected.

Summary of Evidence

[2016 Highest 2839]

1. The defendant's legal statement (the fourth public trial date);

1. Statement made by the prosecution with regard to D;

1. Each CCTV photograph (2016 Height 4142);

1. The defendant's legal statement (the fourth public trial date);

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to four photographs (damages and CCTV caps);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended punishment on the sentencing criteria: From April to June, one year and six months, the area of special mitigation (from April to June) - Where the person has intruded into a place other than an indoor residential space (type 4), the mental and physical weak (no one is responsible for him), and the amount of punishment not imposed;

2. The defendant who has been sentenced to a suspended sentence for the same larceny, and has been punished once a fine four times, and the crime as stated in paragraph 1 of the crime in the judgment is committed.