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(영문) 서울중앙지방법원 2017.04.14 2016고단3971
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 20, 2016, around April 20, 2016, the Defendant: (a) committed theft in the “C” restaurant located in Jongno-gu Seoul, Jongno-gu, Seoul around 17:54 on April 20, 2016; (b) by having one portable phone at the gallon of Samsung C, the market value of which is equivalent to KRW 300,000, the victim D, an employee, left on his/her calculation unit, was stolen.

2. On May 7, 2016, the Defendant: (a) around May 7, 2016, at a “F” store operated by the victim who was unable to know the name in Jongno-gu Seoul, Jongno-gu, Seoul on May 7, 2016; (b) around five half of the market price of the victim who was in the display stand using the gaps in which the surveillance of G, an employee, was neglected; and (c) five half of the market price of the victim who was in the display stand.

In other words, they stolen them.

3. On May 9, 2016, the Defendant: (a) around May 11, 2016, at the “I” store operated by a person whose name is unknown in Jongno-gu Seoul Metropolitan Government H on May 9, 2016; (b) up to five gold bars equivalent to KRW 1,500,000 at the market price owned by the victim in the display stand, while the J, who is an employee, had sold the Ban as if he/she would sell it; and (c) arranging the account books after confirming the identity of the Defendant; and (d) at the time, five gold bars equivalent to the market price in the display stand.

In other words, they stolen them.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Each description of the statements prepared by D, G and J;

1. Application of each statute to entries in each protocol of seizure and list of seizure;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Grounds 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;

1. From April to October [the scope of the recommended punishment due to the aggravation of multiple offenses] from April to October (the scope of the recommended punishment] imprisonment with prison labor for 4 months from April to June, 10 months from the mitigated area (the scope of final sentence due to the aggravation of multiple offenses) of the two types of larceny for general property; and

2. In light of the fact that the Defendant repeatedly committed a crime within the short period and did not agree with the victims, the sentence shall be sentenced, and the period of the sentence shall be difficult for the Defendant.

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