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(영문) 서울동부지방법원 2019.03.25 2019고단248
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

around 08:41 on November 22, 2018, the Defendant: (a) committed a theft of ten (10) calendars that amount to KRW 28,00,00 in total from around 20 to around 08:52, 209, as indicated in the attached list of crimes, in the D convenience point in the operation of the victim C, located in Gangdong-gu Seoul Metropolitan Government, by taking advantage of the gaps of the victim’s surveillance negligence; (b) the victim’s market price, which was in the air conditioners, was the victim’s possession; and (c) the Defendant stolen the victim’s disease from around 2,800 via the same method during ten (10) times, as indicated in the attached list of crimes.

around 10:09 on November 30, 2018, the Defendant: (a) cut off the victim’s convenience store operated by the victim F in Gangdong-gu Seoul Metropolitan Government E-building; and (b) the victim’s fall short of the market price of 2,800 won in the cooling house located in other convenience stores.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. A report on internal investigation (the analysis of CCTV images at the scene of occurrence);

1. Application of Acts and subordinate statutes to report internal investigation (in response to the result of execution of a warrant for search and inspection);

1. Relevant Article 329 of the Criminal Act and each of the choice of punishment for the crime. Article 329 (Selection of Imprisonment with Labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed for larceny committed around January 3, 2019, with the largest penalty)

1. Article 62 (1) of the Criminal Act (The following factors, etc. favorable to the accused among the reasons for sentencing)

1. Since the defendant under probation and order to attend a lecture repeatedly steals one disease per week "I wish to drink," the defendant needs to attend alcohol treatment lectures.

In addition, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, Defendant was punished seven times by a fine for larceny, and in particular, on September 14, 2018, Defendant was issued a summary order of KRW 1 million and KRW 500,000,000, respectively due to the criminal facts similar to the instant criminal acts, and on October 24, 2018, it is similar to the instant criminal acts.

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