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(영문) 서울중앙지방법원 2013.09.27 2013고단5098
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 7, 2013, around 02:34, the Defendant discovered that the victim C was divingd to the ground floor of the subway No. 2, the subway No. 979-1 located in Dobong-gu, Seoul Metropolitan City, Seoul Metropolitan City, the Defendant stolen it with one cell phone of the amount of KRW 800,000, the market price of which is equivalent to the amount of KRW 800,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on internal investigation ( CCTV installed on the part of committing the Seoul Special Metropolitan Area);

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [decision of a suspended sentence] The reason for sentencing under Article 62(1) of the Criminal Act is that there is no person [the scope of recommending punishment] [the scope of recommending punishment] 8 months to 2 years [the basic area] and 3 years (basic area] of imprisonment / [the decision of a sentence] / there are two cases where the defendant was punished for the same crime, and the defendant did not reach an agreement with the victim. On the other hand, there are cases where the defendant committed the crime in this case, and reflects his mistake in depth, the damage amount is not significant, the defendant returned stolen goods to the victim after contact with the victim after the larceny crime was committed, and other factors of sentencing indicated in the records, such as the defendant's age, character and behavior, environment, etc.

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