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(영문) 서울남부지방법원 2019.05.24 2018고단5102

절도

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 05:14 September 3, 2018, the Defendant, “2018 Highest 5102,” stolen the victim’s wallet, which includes cash 60,000 won, driver’s license, etc. on the front side of the Guro-gu Seoul Metropolitan Government B Building.

around 16:25 on February 1, 2019, the Defendant, “2019 Highest 1137”, at a post office located in 944, a luminous-ro, luminous-ro, luminous-ro, was stolen by taking 70,000 won in cash on the ATM instrument after withdrawal by the victim D.

Summary of Evidence

"2018 Highest 5102"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. "CCTV investigation" in 2019 Highest 1137;

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a investigative report (CCTV investigation, the result of execution of a financial account tracking warrant, specific suspect);

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act for the suspended sentence is the first crime for the reason for the sentencing [the scope of the recommendation] of the first type of crime for general property / [the scope of the punishment / [the scope of the punishment / the special mitigation / [one to six months] the mitigated area for the first type of crime for the general property / [the scope of the recommendation / the scope of the punishment / the first type of crime for the general property / the mitigated area (one to six months), [the special mitigation ] the mitigated area for the first type of crime for the mitigated area (one to six months): One to nine months [the decision of the sentence], while the defendant had the record of punishment for the same crime for the past ten years after the previous crime, it has not been reoffending for the defendant more than ten years, the victims have been faithfully living with a fixed occupation, and all victims have been indemnified and have been indemnified, and there are favorable circumstances, such as compensation and agreement.