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(영문) 서울동부지방법원 2016.11.04 2016고단2249
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 person who lacks the ability to make decisions due to shock disorder caused by theft in military register.

1. Around 10:30 on June 16, 2016, the Defendant stolen one LGG G3 smartphone from the market price of the victim, who was the victim kne, knee in kne, by using the gaps in which the victim D was seated and knee, in the front line of the subway 1:30,000, from the outer station of the subway 1:30,000.

2. On June 16, 2016, around 17:40 on June 16, 2016, at the “H” store operated by the victim G in Seongdong-gu Seoul, Seongdong-gu, Seoul, the Defendant stolen four carc canss equivalent to the total market price of KRW 104,000 in the display stand, using the gap where the victim’s surveillance was neglected.

3. On June 16, 2016, at the “J” store operated by the victim I in Seongdong-gu Seoul, Seongdong-gu, Seoul on June 16, 2016, the Defendant: (a) stolen eight sandd positions in total equivalent to KRW 42,800, total market price owned by the victim in the display stand using the gaps in which the victim’s surveillance was neglected; and (b) stolen the victim’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes concerning photographs of each damaged article and receipts of damaged article;

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

1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. The range of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] shall be limited to the mitigated area (4 months to October) of types 2 (general larceny) for general property; and

2. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence: The defendant has a majority of criminal records of the same kind, including suspended sentence, and suspended sentence.

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