(영문) 인천지방법원 부천지원 2015.01.28 2014고단3127

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(영문) 인천지방법원 부천지원 2015.01.28 2014고단3127

절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On September 27, 2014, around 05:32 on September 27, 2014, the Defendant: (a) committed the crime with one gallon 3 mobile phones of an amount equivalent to one million won in the market value of the victim’s ownership on the tables, among the “CPC” located on the 3rd floor, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; and (b) stolen it with one gallon 3 mobile phones of an amount equivalent to one million won in the market value on the tables.

2. On September 30, 2014, around 08:35, 2014, the Defendant: (a) committed the crime with a gallon-based mobile phone in the “FPC room” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, with a gallon-based 3 mobile phones equivalent to KRW 9.50,000,000 in the market price owned by the victim on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Each pawned contract;

1. Application of Acts and subordinate statutes to CCTV photographs;

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. When considering that the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing under the following) has the record of having been punished twice for the same kind of crime, the criminal liability of the defendant is not minor.

However, in full view of the following circumstances: (a) the Defendant’s mistake is divided, and once again, would not prevent such mistake; (b) the damaged goods were recovered; (c) there was no record of having been sentenced to the punishment exceeding the fine due to the same kind of crime; and (d) the Defendant’s age, character and conduct and environment; (b) the background and motive leading to the instant crime; and (c) the circumstances before and after the instant crime, etc., which are conditions for sentencing specified in the records and arguments, the sentence is imposed as ordered

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