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(영문) 서울중앙지방법원 2016.04.26 2016고단954
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 11, 2016, at the “E” coffee shop located on the first floor of the Seocho-gu Seoul Metropolitan Government D building, the Defendant discovered 50,00 won in cash, which is owned by the victim, holding a locking place on the table between the Defendant and the victim, with a right to food, a driver’s license, etc., and stolen the gap of KRW 150,00,000 in the market price, including the cash, 50,000,000, which is owned by the victim C, and the neighboring surveillance was neglected.

2. On February 19, 2016, the Defendant discovered 50,000 won in cash, 50,000 won in the market price of the victim’s possession, and 200,000 won in the resident registration certificate, etc., and stolen crepits in around the market price in order to have a coffee ordered by the victim F at the “H” coffee shop located on the Seocho-gu Seoul Metropolitan Government G and the second floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation);

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

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 reason for sentencing under Article 62-2 of the Social Service Order Act, including the fact that the Defendant had been punished for the same kind of crime in the past, but again committed the instant crime, the Defendant did not reach an agreement with the victims, and did not take any measures to recover from damage, shall be considered disadvantageously. The Defendant recognized the instant criminal facts and commits the instant crime against the mistake, the Defendant was instructed to his living conditions, and the degree of thief damage of the instant theft.

The fact that it is difficult to see shall be considered as favorable circumstances, and the age, sex, environment, family relationship, motive for the crime.

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