(영문) 서울남부지방법원 2015.09.11 2015고단3135

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(영문) 서울남부지방법원 2015.09.11 2015고단3135

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around 02:00 on August 1, 2015, the Defendant was only the front park in front of the Guro-gu Seoul Metropolitan City Guro-dong community service center, and found that the victim C was able to wear and lock up a double cover 140,000, US$ 2, Korean bank body card, one driver's license, one resident registration certificate, and one resident registration certificate, and then stolen a double cover 50,000,000,000, which is the market value of the victim's cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommending punishment] [the reason for sentencing under Article 62-2 of the Social Service Order Act] There is no basic area (8 to 2 years) of theft against general property (8 to 2 years) [the decision of sentencing] [the defendant committed the instant crime even though he had been punished several times for the same kind of crime under the same law, and there is no agreement with the victim. In light of the fact that the defendant was committed several times of punishment, there is a little need for

However, the defendant's confession of the crime of this case, the fact that the damaged articles were temporarily returned and the actual damage was not significant, the defendant seems to have lived faithfully after being released from the previous crime in 2011, and the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, circumstances after the crime, etc., shall be taken into account and sentenced to the suspension of the execution of imprisonment with prison labor, accompanied

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