beta
(영문) 서울서부지방법원 2015.9.23. 선고 2015고단769 판결

절도

Cases

2015 Highest 769 thief

Defendant

A

Prosecutor

His/her competence nets (prosecutions) and court boxes (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

September 23, 2015

Text

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

The seized evidence No. 1 shall be returned to the victim Ethael Korea Co., Ltd.

Reasons

Punishment of the crime

1. Larceny on March 30, 2015: around 14:42;

On March 30, 2015, around 14:42, the Defendant: (a) entered the 14:5-ro, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, 23-ro, 55-ro, and the 'Nank-ro' 'Yak-si' 'Yak-si', a clothing store located on the 2nd floor of the APPDDDD in Yongsan-gu, Yongsan-gu, Seoul, and caused the theft by putting the employees in a cresh that he could not see the Defendant by responding to his customers, and she was displayed at the market price equivalent to 29,900 won.

2. Larceny around 2015, March 30, 201;

At around 16:10 on the same day as the statement in Paragraph 1, the Defendant entered the same store and stolen the above clothes store, which had been displayed by his employees, by taking advantage of the gaps in which he could not see the Defendant, he was placed in the said store, with a green face value of KRW 49,900, the market price of the victim corporation Ethael Korea owned by him.

Summary of Evidence

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Photographs of each thief;

1. Images of CDs;

1. Records of seizure and the list of seizure;

[The defendant and his defense counsel asserted that the defendant brought things as stated in the facts charged to him but they are the principal. However, according to the evidence duly adopted and investigated by the court, theft act such as the defendant's facts constituting the crime is recognized. Thus, the defendant and his defense counsel's

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

§ 329 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Return:

Article 333(1) of the Criminal Procedure Act

Reasons for sentencing

Second Crimes

【Scope of Recommendation】

The basic area (6th to 1th June) of category 2 (general larceny) for general property.

【Special Convicted Persons】

None

Second Crimes

【Scope of Recommendation】

The basic area (6th to 1th June) of category 2 (general larceny) for general property.

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 months;

【Determination of Sentence】

In addition, in light of the fact that the Defendant committed the instant crime on December 24, 2014, even though he/she was sentenced to imprisonment for six months with prison labor for larceny at the Incheon District Court on December 16, 2014, which became final and conclusive on December 24, 2014, a sentence of sentence against the Defendant is inevitable in light of the fact that the Defendant committed the instant crime: Provided, That the degree of damage is not large, the damage is not recovered or recovered under favorable circumstances, and the punishment is determined as ordered in consideration of various sentencing conditions shown in the instant argument, such as the Defendant’s age, character, character, environment, and mental health condition.

Judges

Judges Kim Jong-hun