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(영문) 서울남부지방법원 2016.05.13 2016고단1253

절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around March 21, 2016, the Defendant opened a gun in the “E” warehouse operated by the victim D in Guro-gu Seoul Metropolitan Government, and cited 32,000 won in total, the market price of the victim in the location of the store.

In addition, from that point to March 28, 2016, the Defendant thefted the property worth totaling of KRW 134,000 in total at six times as indicated below in the list of crimes in the same place from that point of view as above.

[B] On March 22, 2016, the daily method of committing the crime was held as of March 21, 2016, and the amount of damage caused by the act of committing the crime was held as of March 21, 2016, and KRW 32,000 per annum on March 22, 2016, the amount of damage caused by the act of committing the crime was held as of March 21, 201, and KRW 30,000 per annum 30,000 per annum 20, smallest 32,000,00 per annum 30,00,000, KRW 342,00,00 per annum 30,000, KRW 17:24,000 on March 25, 2016; KRW 16,000, KRW 16,000 on May 16, 2016.

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Each written statement of D;

1. Investigation report (related to CCTVs at the scene of crimes);

1. Application of Acts and subordinate statutes governing thief photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] thief (the person subject to special sentencing] mitigated factors: In cases of intrusion into places, other than indoor residential spaces (the area of recommendation and the scope of recommended punishment] mitigated areas, imprisonment with labor between August and June;

3. Grounds for probation [major reasons for probation] negative: Duplicated crimes, no recovery from damage (general reasons): Lacking social ties, lack of positive social ties, and absence of any criminal record of probation or heavier.

4. Sentence;