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(영문) 서울남부지방법원 2016.06.29 2016고단1492

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:30 on April 4, 2016, the Defendant: (a) opened a driver’s seat at the apartment parking lot located in the New-dong, Yangcheon-gu, Seoul; and (b) cut off items totaling KRW 2.3 million from February 20, 2016 to February 23, 2016, including a gas with cash of KRW 70,000,000, which is owned by the victim C; (c) a car driver’s license; and (d) a car driver’s license; and (e) a car with a credit card, etc. located in the said place; and (e) the market price of KRW 1,00,000,000 from February 20, 2016 to the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in C, D, and E;

1. A criminal investigation report (related to the investigation of CCTV recording data at the scene of occurrence), photographs of CCTV-capfs, and CCTV video CDs;

1. Protocols of seizure and photographs of seized articles;

1. Application of the Acts and subordinate statutes to the investigation report (the analysis of visual CCTV images on the spot) and to photographe CCTVs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. The scope of the recommended sentence on the sentencing guidelines: The range of punishment for each of April to October [the range of punishment for each of the larceny types 2 (special mitigation element)] in attached Table 2, 4, and 5, six months from June to one year [the basic area of punishment for each of the larceny types 2 (general larceny)] in attached Table 2, four, and one year and six months [the scope of punishment for general property in the category of larceny types 2 (general larceny)] in accordance with the criteria for the disposition of multiple crimes committed: Imprisonment with prison labor for six months:

2. The nature of each of the crimes of this case, which stolen goods from a passenger car parked repeatedly over a considerable period of time, by the Defendant’s decision of sentence, is not weak.

However, the defendant's mistake is now divided.