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(영문) 서울중앙지방법원 2019.01.30 2018고단8639
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 28, 2002, the Defendant had three times more criminal records of the same kind, including imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to a suspended sentence of one year and six months in the District Court, and the suspended sentence was terminated after the suspended sentence was sentenced to two years.

2. Criminal acts;

A. On November 23, 2018, between 22:00 and 23:00, the Defendant, at the D street store located in Jung-gu Seoul Metropolitan Government “C convenience store,” the victim E, a business owner, replaced gas and neglected surveillance, put the hand in a cash storage box located on the street store, thereby leaving 205,000 won in cash located on the street store.

B. On December 4, 2018, the Defendant: (a) around 22:48, 2018, the victim G, a business owner of the F Building in the front of the Jung-gu Seoul Metropolitan Government, was put in a cash storage box where he was placed in the street store by creshing waste, thereby leaving KRW 240,000,000, which was contained in the cash storage box.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Partial statement of each police suspect interrogation protocol against the defendant;

1. Statement by the police against E (Simplified larceny);

1. G statements;

1. A report on the occurrence of a crime, a photograph: a photograph by cutting a CCTV image of a CCTV of a tourist police center, a photograph: A photograph by cutting a video image of a H burial CCTV, a criminal investigation report (merger of case records - addition of suspect records - preparation of a statement of statement of victim) and a criminal investigation report;

1. Criminal records as stated in the judgment: Application of the results of search by prisoners (A), investigation reports (related to search of persons subject to investigation by suspects), criminal records, reply reports on criminal records, investigation reports (a) and other Acts and subordinate statutes;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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;

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

1. The scope of punishment by law: Imprisonment for one to nine years;

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