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(영문) 서울남부지방법원 2015.02.05 2014고단5107

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2014, at around 16:00, the Defendant: (a) removed the safety reduction of the clothes equivalent to the sum of KRW 1,249,000, the market price of which is the total of KRW 60,000, from the apartment store located in the construction site located in Yeongdeungpo-gu Seoul Metropolitan Government Section Section Section Section Section Section Section Section Section Section Section; (b) removed the garment of the clothes equivalent to the sum of KRW 1,249,00; (c) removed the garment of the clothes equivalent to the sum of KRW 29,60,00 at the market price managed by the victim in the food store; and (d) cut off the garment of the health vehicles equivalent to the sum of KRW 9,600, the market price of which is equivalent to KRW 990, the 1,200, the market price of which is equal to KRW 2,780.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to withholding receipts for transactions and photographs of damaged articles;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 329 (Options of Imprisonment)

1. Article 62(1) of the Criminal Act on the Suspension of Execution (limited to the period of suspension of execution, in consideration of the overall circumstances, including the following: (a) the Defendant was punished by a fine for the same crime on January 22, 2014; (b) the Defendant committed the instant crime; (c) but (d) the Defendant was seriously punished; (d) the Defendant led to his confession and misjudgment; (e) the Defendant was 75 years old; (e) the wife and the wife were dead; and (e) his children were in an economically poor condition due to their influence with their children; and (e) the thefts were recovered to the victim; and (e) the Defendant was sentenced to a suspended sentence only once, by taking into account all the circumstances.

1. It is so decided as per Disposition for the reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;