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(영문) 서울서부지방법원 2016.11.16 2016고단2741
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 13:30 on April 10, 2016, the Defendant: (a) cut off a man-made wall with a total of 3,053,00 won of the market price as indicated in the attached list of crimes; (b) in the D store located on the F1st floor located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, by taking advantage of the gaps in which the surveillance of the above shop occupants was neglected; and (c) subsequently cut off a male-made wall with a total of 5,250 won of the market price, which is the victim’s “D” located in the above store.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of H and I;

1. Records of seizure and photographs of seized articles;

1. Application of video-related Acts and subordinate statutes to video-recording images CDs (Evidence Nos. 15) at a criminal scene;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 333(1) of the Refund Criminal Procedure Act, Article 333(1) of the Act on the Larceny of General Property [Scope of Recommendation] No Second Crimes that has no basic area (6 to 1.6 months) [the scope of Recommendation] in the area of mitigation (4 to 10 months) in the area of mitigation (general larceny) [the scope of Recommendation] in the area of mitigation (4 to 10 months] in the area of general property [the scope of Recommendation] in the area of mitigation (4 to 10 months] in the area of mitigation (4 to 10 months) in the area of punishment (the scope of Recommendation] in the area of aggravation in general property [4 to 4 months] in the area of aggravation in the area of punishment (the person who is subject to special mitigation] in the area of punishment [the scope of punishment] in accordance with the increase of punishment in the number of concurrent crimes: June to February 10 [the decision of sentence] in this case; there is no history of criminal punishment exceeding the fine; victim D and victim; circumstances in this case where agreement was made between C and victim.

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