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(영문) 서울동부지방법원 2016.06.23 2016고단1196
절도
Text

The sentence of sentence against the defendant shall be suspended.

No. 1, 2016 No. 785 of the Seoul East East District Prosecutors' Office was seized.

Reasons

Punishment of the crime

1. At around 16:50 on February 13, 2016, Defendant 2016, at L department stores located in Songpa-gu, Songpa-gu, Seoul, stolen the victims’ property through the same method nine times in total, as shown in the attached list of crimes (1) in which the damaged party’s surveillance was neglected, at L department stores located in Songpa-gu, Seoul, and the victim B operated.

2. At around 19:00 on April 28, 2016, Defendant 2016, Defendant 1270, displayed at the “O” store operated by the victim N in Gangnam-gu Seoul Metropolitan Government MM, thereby thefting the victims’ property through the same method 11 times in total, as shown in the attached list of crimes (2) including one galle in which the victim’s market value equivalent to KRW 7,900 was displayed at the same time, and one galle in the market value of KRW 6,900 was neglected to monitor the damaged persons.

Summary of Evidence

[2016 Highest 1196]

1. Statement by the defendant in court;

1. W, C, D, E, F, G, H, I, and J’s respective statements (2016 order 1270);

1. Statement by the defendant in court;

1. Each statement of N, P, Q, R and S;

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

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

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. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence [Notwithstanding the fact that the defendant committed a crime on February 13, 2016 and was arrested as a current offender, it is unfavorable for him/her to commit the same crime on April 28, 2016 again.

However, the two cases were arrested immediately after the crime, and all thefts were seized, and the victims were restored to their damage, and thereafter, they agreed with all victims and received a letter of favor.

In investigative agencies and courts, all crimes are recognized and reflected in the law.

With respect to public records.

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