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(영문) 서울서부지방법원 2013.05.16 2013고단740

절도

Text

A defendant shall be punished by imprisonment for four 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 January 19, 2012, the Defendant was sentenced to a suspended sentence of four months for larceny at the Seoul Southern District Court (Seoul Southern District Court) on January 19, 201, and on January 19, 2012, the said previous department becomes final and conclusive 13 times.

At around 01:00 on December 22, 2012, the Defendant stolen the Victim E with one gal lusium equivalent to 900,000,000 won in the market value of the Victim E, which is the victim’s possession on the tables, set up between the toilets by the victim E, at the main point of “D 1st underground floor in Mapo-gu Seoul, Seoul.”

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Before ruling: Application of inquiry reports and investigation reports and investigation reports Acts and subordinate statutes, such as criminal records;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 329 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the grounds for sentencing that are considered below);

1. Order of community service: The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the decision of punishment] General thief [the scope of recommending punishment] April to October (the decision of sentencing is not to be sentenced] Defendant was sentenced to a fine of 13 times for the same crime, and the sentencing guidelines are the same as above.

However, in consideration of the fact that the defendant agreed with the victim, and there is a disorder in lighting, etc., and other circumstances that are conditions for sentencing, such as the age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined.