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(영문) 서울중앙지방법원 2018.10.26 2018고단5866
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 5, 2018, the Defendant: (a) around 13:23, 2018, at the “F” store operated by the victim E in Jongno-gu Seoul, Seoul around May 5, 2018, the Defendant concealed the amount of KRW 14 K 1.5 million at the bottom of the display stand by using the gaps in which the victim was negligent in surveillance of other customers.

Accordingly, the defendant stolen another's property.

On August 31, 2018, the Defendant, around 18:28, 2018, posted 2 parts of the “I” store operated by the victim H of the 1st floor G G in Gwanak-gu in Seoul Special Metropolitan City, by taking advantage of the gaps in the surveillance of the victim, and stolen 18,000 won of the victim’s possession.

Summary of Evidence

"2018 Highest 5866"

1. Statement by the defendant in court;

1. Reporting on occurrence of a disaster;

1. E statements;

1. Investigative report (the comprehensive search of the case), investigative report (the disposal of damaged articles), investigation report (the comprehensive search of the case), and investigation report (the comprehensive search of the case), "2018 Gool 6041";

1. Statement by the defendant in court;

1. A statement of victim of H;

1. Application of the Acts and subordinate statutes concerning the closure of field CCTV images;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

2. The reason for sentencing as prescribed in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims E with heavy criminal punishment) of the Act on the Aggravated Punishment of Concurrent Crimes has many records of being punished by a fine or by suspended execution for larceny. In particular, the recent criminal acts are repeatedly committed for larceny, which are similar to the contents of the crime, and the damaged articles have been disposed of in other ways, and the defendant has not made efforts to recover damage at all, and other factors of sentencing as indicated in the trial process of the instant case, such as the defendant’s age, sex, family relation, background of the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account all the factors of sentencing as expressed in the trial process of the instant case.

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