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(영문) 서울남부지방법원 2014.11.03 2014고단3799

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Larceny;

A. On September 11, 2014, the Defendant: (a) opened a cooling house at the convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and cut off the drinking water owned by the victim D at around 11:10.

B. On September 4, 2014, around 10:25, the Defendant: (a) opened a cooling house at the F convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government E; and (b) cut off the drinking water owned by the Victim G.

C. On September 15, 2014, at around 11:08, the Defendant: (a) opened a cooling house at the I convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government H; and (b) cut off the victim’s J-owned market value of at least 2,00 won.

2. On September 16, 2014, the Defendant attempted to larceny: (a) entered the places specified in the foregoing paragraph 1(c) at around 11:02; (b) opened a cooling house and a door at that place; and (c) coloring drinking water; and (b) did not bring the Defendant into an attempted crime because the Defendant was discovered to the victimJ, who scam the Defendant and arrested him.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J, D and G;

1. Police investigation report (field investigation);

1. Application of statutes on the CDs of on-site CCTV data and photographs of damaged articles;

1. Relevant Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense. Article 342 and 329 of the Criminal Act;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is more than that of Article 62(1) of the Criminal Act (a) (a confession of a criminal conduct and a mistake is repented in depth, a theft is merely three illnesss of drinking water, a fine is imposed, although there is the previous case, and all other circumstances are considered such as the motive for the crime, and the