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(영문) 서울북부지방법원 2015.08.25 2015고단1949
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 real estate brokerage assistant.

On 15:50 on 04. 09. 15:50, the Defendant: (a) knew that the victim’s studio 201 of the victim D (n) located in Dongdaemun-gu Seoul Metropolitan Government is keeping the key in the mail box to view the office by requesting brokerage to the real estate brokerage office in order to set the above studio; (b) by using the key in the mail room for the victim’s studio, the Defendant stolen one computer monitors (LG24MT5D) equivalent to KRW 206,390 at the market price of the victim’s studio in the mail room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of CCTV photograph Acts and subordinate statutes after crimes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Persons who are not subject to punishment in the mitigated area (from August to January) (special mitigation) of types of larceny in general property, the scope of recommending punishment [the scope of recommending punishment] on the sentencing criteria; and

2. Although the defendant had a majority of the punishment records (including two times the actual punishment), he again committed the crime of this case, and it is necessary to punish the defendant with severe punishment because he has committed the crime of this case. However, in light of the fact that he has committed the crime of this case by theft of the victim's object which has mediated the studio, he shall choose imprisonment with prison labor. However, the defendant is living in good faith in the future, and the victim does not want the punishment of the defendant; the victim does not want the punishment; the victim went back to confirm the studio, which is a intermediary, using the key kept by the victim who requested the mediation, and the object came to search for the crime of this case; other various circumstances, including the defendant's age, character and behavior, character and environment, intelligence and environment, the motive, means and consequence of the crime of this case, the circumstances after the crime, family relation, etc., are considered as a whole.

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