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(영문) 서울남부지방법원 2018.08.14 2018고단2716

절도

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:30 on April 20, 2018, the Defendant: (a) contained a tobacco case containing 90,000 won of the market price, using the gap in which employees’ surveillance at the e-art tobacco sales stand in the new Doro-ro, Guro-gu, Seoul, in a new Doro-gu, Seoul, and thereby cut off the victim’s property by hiding the tobacco case with a smoke in the string room with a smoke in the crop display stand; (b) then, the Defendant destroyed the tobacco case using a smoke in the crop of the household goods, and then stolen the victim’s property after the Defendant was the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant legal provisions concerning facts constituting a crime and Article 329 of the Criminal Act which choose a punishment (the option of larceny and imprisonment);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 333 (1) of the Criminal Procedure for Return of Victims Act;

1. A person shall be sentenced to imprisonment without prison labor, taking into account the following factors: (a) the scope of damage caused by sentencing is minor; (b) the fact that a person did not take a serious life and commits a crime without taking into account the favorable sentencing factors; (c) the fact that the person was punished for the same kind of crime; and (d) the fact that the person committed a crime without being able

In addition, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be determined as ordered in consideration of all the circumstances.