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(영문) 서울남부지방법원 2015.10.15 2015고단3307

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On June 28, 2015, at around 10:25, the Defendant discovered that the bank of the victim D was open at the bus stop located in Mapo-gu Seoul Metropolitan City, and found the victim D by inserting approximately 20 meters away from the place to the street in front of the E hotel near the E hotel, and cut off the wallets of the card 50,000 won at the market price containing three copies of the credit card, by inserting the gap in which the victim’s attention was neglected within another victim’s bank.

2. On June 30, 2015, at around 09:01, the Defendant discovered that the bank of the victim F is open at the crosswalk near the bus stops opened in the south-ro 47 south-ro, Guro-gu, Seoul, 40-ro, 47 south-ro, and then cut off the victim’s hand in cash by inserting approximately 30 meters from the opening to the opening 1 exit, and inserting approximately 1,50,000 won in cash, a credit card card, and the national physical fitness card, at the market price of one of the 50,000 won, by taking the hand inside the other victim’s bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Investigation report (specific suspect);

1. Police seizure records;

1. Application of Acts and subordinate statutes on the identification of information on card holders;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : The scope of final sentence due to the aggravation of multiple crimes, which have no basic area (8 to 2 years) (8 to 2 years): 8 months and 3 years (decision of sentence] in light of the circumstances leading to each of the instant crimes, the degree of damage, etc., although the liability for the crime is not minor, the defendant is recognized and against the defendant; the defendant has no criminal history; the defendant has no criminal history; the defendant's age, character and conduct, environment, and circumstances after the crime, etc. are considered.