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서울남부지방법원 2017.05.10 2016고단6209
절도
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 6, 2016, at around 19:00, the Defendant operated the Victim C in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, by using the gap in the surveillance of employees, included the total of 28,600 won of the market price, such as 3,400 won of the display stand in the display stand, such as 1, etc., in the total of 28,600 won of the market price, and carried out food equivalent to 89,350 won in total on five occasions, such as the list of crimes in the attached list.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, E, F, G, and H;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Although the Defendant had been punished several times for the same crime since around 2016 of the Act on the Suspension of Execution, the fact that the Defendant committed each of the instant crimes repeatedly is disadvantageous.

The punishment shall be determined as ordered in consideration of the fact that there has been no record of punishment, the fact of living penalty, the fact that the amount of damage has not been much, and the circumstances of sentencing indicated in the records, such as the age, sexual behavior, environment, etc. of the defendant.

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