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(영문) 서울북부지방법원 2016.07.21 2016고단2228
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 2016, 2016, the Defendant: (a) thief, at the street store operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu (Seoul) with a single set of thirrts for men, the market price of which is equivalent to KRW 9,900, owned by the victim D, who was suffering from his display stand.

From that time until June 7, 2016, the Defendant stolen property worth 78,700 won in total, which is the market price owned by the victims, by the same method, as shown in the list of crimes attached hereto, from that time.

2. On May 31, 2016, at around 01:08, the Defendant damaged the property by cutting two gas supply strings connected to two active strings, which were operated by the victim F in Dongdaemun-gu Seoul Metropolitan Government “G cafeteria”, into an string tool, thereby leaving the victim’s market price of KRW 1,640,000, which is the victim’s own.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Each statement of H, I, and J;

1. Photographs of each damaged article;

1. Efagating CCTV images;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim D phone);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 329 of the Criminal Act (the point of theft), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Criteria for sentencing reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) The basic area (from April to October) of the category No. 1 (property damage, etc.);

B. The scope of the final sentence due to the aggravation of multiple offenses committed by multiple persons living in the area of mitigation (one to six months) of the theft against general property (the scope of recommended punishment) [the person subject to special mitigation] (the person subject to special mitigation]: the nature of each of the crimes of this case, which was sentenced from April to January, one year, and three months, is not easy, and the nature of each of the crimes of this case was not taken by the victims, and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined by taking into account the following factors:

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