beta
(영문) 의정부지방법원 2020.01.17 2019고단2213

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2018, the Defendant was sentenced to a suspended sentence of 4 months for larceny by the Seoul Northern District Court on December 20, 2018, and the judgment became final and conclusive on December 28, 2018.

【Criminal Facts】

1. On March 10, 2019, around 15:38, 2019, at a C store located in Guri-si B, the Defendant entered the said area into the c store located in Guri-si B with 47,360 won of the market price of 47,360 won of divers (1902g) and the 87,050 won of the market price.

Accordingly, the Defendant stolen property equivalent to the total amount of 134,410 won in the victim D's market price.

2. At around 17:00 on March 16, 2019, the Defendant included a strong amount of KRW 39,840 (160g) of KRW 39,840 (160g) at the place of a prior port in the livestock market; the Defendant’s strong amount of KRW 26,040 (210g) at the market price; the Defendant’s strong amount of KRW 26,040 (174g); the Defendant’s strong amount of KRW 24,288 (17); the Defendant’s strong amount of KRW 24,288 (17); the Plaintiff’s strong amount of KRW 46,40 (40g); the Plaintiff’s strong amount of KRW 44,544g at the market price (384g); and the Defendant’s strong amount of KRW 34,3366g at the market price (296g).

Accordingly, the Defendant stolen property equivalent to the total amount of KRW 282,610 in the victim D-owned market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. A report on internal investigation (on-site conditions, etc.);

1. Photographs of damaged articles;

1. The receipt for each transaction;

1. Notification to a department related to 112 case reporting;

1. Investigation report (Attachment of CCTV images submitted by a victim);

1. A defense counsel's opinion;

1. Previous records of judgment: Investigation report (verification during the period of suspension of execution), copies of judgment, criminal records, and application of Acts and subordinate statutes;

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

1. From among concurrent crimes, the scope of recommending punishment based on the sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act - The crimes of larceny - The crimes of larceny - The crimes of larceny - the articles displayed on the upper points shall be left left alone in the case of theft by taking the articles displayed on the upper points in the sentencing guidelines for larceny, such as neglected articles, etc.