beta
(영문) 의정부지방법원 2015.03.24 2014고단4965

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Force】 On December 1, 2010, the Defendant was sentenced to a suspended sentence of six months for fraud at the Jung-gu District Court on December 1, 201, for the same month.

9. Although the above judgment became final and conclusive, the said suspended sentence was revoked on December 9, 201, and on April 30, 2012, the execution of the sentence was terminated in the medical prison.

【Criminal Facts】

1. On December 22, 2014, the Defendant: (a) committed theft with one toy in an amount equivalent to KRW 9,450, the market price owned by the victim, which was displayed at the 8th Ccop of the New World department store of the 8th Ccop, using the gaps in which the surveillance of the victim D was neglected; and (b) took place.

2. On December 22, 2014, the Defendant, at around 18:30 on December 22, 2014, 201, committed theft with three citys equivalent to KRW 17,500, total market value of the victim’s possession, which was displayed at the scene, using a cresh in which the victim F’s surveillance was neglected in front of the third-class E restaurant of the said World department store.

3. On December 22, 2014, the Defendant: (a) committed theft with a panty 1,900 won, a 12,900 panty 1, a 12,900 panty 1, a 12,900 matex 1, and a 19,900 matex 1,00 won at the market price, which was displayed at the 3rd floor G store of the said 18:40 matex.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, F, I, and J;

1. Damage photographs;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached thereto, such as written judgments);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act / [the scope of recommending punishment] / [the grounds for sentencing under Article 38(1)2 of the Criminal Act / [the scope of recommending punishment] / [the general larceny] mitigated area (4-4-10 months] for general property / [the special mitigation / [the decision of sentencing] / the defendant committed each of the crimes of this case due to high frequency, and there is a aspect that the damage amount is minor and it does not seem that the case is serious.