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(영문) 서울중앙지방법원 2020.04.08 2019고단6349

절도

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant is a person who started part-time from October 15, 2018 to “D” for the operation of the Victim C in Gwanak-gu, Seoul Special Metropolitan City.

The defendant from around 18:00 on March 1, 2019 to the same month.

2. Between around 01:30, the sum of the cresh without the said victim was stolen with property worth KRW 826,800,000, total of 56,800,000, which was written in plastic bags, including drinking water, tobacco, fruit, shampoo, shampoo, and water tamp, which was located therein, from that time until around 30th of the same month, from that time, were stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to screen screens, CCTV major pages, and calendar photographs after a CCTV closure;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order [the reasonable circumstance] Defendant is against the confession of each of the instant crimes.

There shall be no criminal records exceeding fines for defendants.

The amount of damage is not high.

[Unjustifiable circumstances] The crime of this case was committed by the defendant who stolen the property owned by another victim from the crepan where he works as his employee, and the crime of this case is not committed.

The Defendant has repeatedly committed each of the crimes of this case, even though he had the same criminal record in several times.

There was no recovery of damage.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.