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(영문) 서울남부지방법원 2019.01.17 2018고단4944
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

On January 20, 2018, at Yeongdeungpo-gu Seoul Metropolitan Government around 15:45, the Defendant: (a) removed one f-kicket equivalent to the market price of 447,000 won, which was a 7th class D store where the victim E is the other customer; and (b) left the store.

Accordingly, the defendant stolen one pocketet owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E victim statement;

1. Application of Acts and subordinate statutes to report on investigation (topography photographs and motion pictures attached);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act, and the records of this case and the various circumstances showing the conditions for sentencing under Article 51 of the Criminal Act, shall be determined as ordered by the court.

Unfavorable circumstances: The fact that the defendant committed the crime of this case even though he had been convicted of the suspension of execution, which led to nine times the previous criminal records of the same crime and that the defendant committed the crime of this case: The fact that the defendant erred, the elderly and the amount of damage is not much significant, and there is no record of punishment exceeding

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