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Reasons
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(영문) 서울북부지방법원 2020.09.10 2020고단1255
절도등
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 23, 2019, the Defendant: (a) around 06:53 on November 23, 2019, 110,000 won in cash located in the GPC bank located in Jung-gu Seoul Metropolitan Government, where the victim D, an employee, took up the gap of the locker in the locker cPC.

Accordingly, the defendant stolen the victim's property.

2. At night, the Defendant: (a) around 22:00 on November 13, 2019, entered a G restaurant operated by the victim FF on the E 1st floor in Jung-gu Seoul Metropolitan Government, with a password of the entrance, and had approximately KRW 100,000 in cash owned by the victim in the Kitter credit cooperative.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (at night, determination of types of thief] thief for general property; thief for general property; thief for general property; thief for which there is no person who has been a special person (type 4) [the scope of recommending area and recommendation] basic area; 1 to 2 years and six months;

(b) Class 2 (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief th

(c) Scope of recommendations according to the standards for handling multiple crimes: The upper limit of crimes of 1 to 1 December.

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