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(영문) 서울동부지방법원 2014.11.05 2014고단703
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. A theft Defendant: (a) around 05:00 on December 24, 2013, at the “E” point of the victim D operation located in Gangdong-gu Seoul Metropolitan Government, the victim was stolen with a gallon 2 mobile phone at the market price equivalent to KRW 900,00,000, which was the victim’s ownership on the tables by using the sallon in which the victim was placed on the tables of other customers’ orders.

2. On March 12, 2014, the injured Defendant, while drinking alcohol at the above main station around 06:00, expressed the victim’s desire to “maring that the victim would have to have all the customers,” on the ground that the victim did not have any flasing her own, who is the customer, and her will to be “maring” to the victim, and her flasing the beer, with the victim’s left hand due to beer’s disease, suffered the victim’s flasium on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 329 and 257 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: Group 1 (In the area of general injury [Scope of Recommendation] to be mitigated (In the case of general mitigation), Type 1 (In the case of bodily injury), the area of mitigation (in the case of special mitigation) to be mitigated (in the case of special mitigation), Type 2 (General Larceny) to be mitigated (in the case of general mitigation), the area of mitigation (in April to October) to be mitigated (in the case of special mitigation), the scope of final sentencing according to the aggravation of punishment to be aggravated by the majority who is not sentenced to punishment: April to 15 (in the case of larceny), the fact that the defendant returned damaged goods to the victim and the victim

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