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(영문) 서울남부지방법원 2018.05.17 2018고단411
절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 4, 2016, at around 17:27, the Defendant: (a) cut off the victim E with one sheet of 49,800 won at a display stand located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with a price equivalent to 49,800 won, where the victim E was suffering from a gap in management neglected by other customers due to the crepan.

2. On November 26, 2017, at around 15:13, 2017, the Defendant: (a) stolen the victim E, with one Vietnam color female niting point equivalent to KRW 54,90,00, which was suffering from a cresh in the display stand where the victim E was negligent in managing other customers, in the C3-story D store located in Yeongdeungpo-gu Seoul Metropolitan Government.

3. On December 25, 2017, at around 15:10 on December 25, 2017, the Defendant: (a) cut off the victim E from the third-story D store located in Yeongdeungpo-gu Seoul Metropolitan Government, which caused a gap in the management neglected by the victim E to respond to other customers; (b) one certified female nit equivalent to the market price of KRW 54,900, which was caused by the display stand.

4. On January 7, 2018, at around 15:55, the Defendant: (a) cut off the victim G with one sheet of test color women equivalent to KRW 69,000 in the market price, where the victim G was suffering from a crepan in a crepan of management neglected by other customers, at the 3rd floor F store located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, H and E;

1. Photographs, CCTV photographs, damaged objects photographs, and CCTV duplicating photographs;

1. Application of the statutes governing the list of seized articles and photographs thereof;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment prescribed for larceny on January 7, 2018, with the largest penalty);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June) of the sentencing criteria [the scope of recommended punishment] for the larceny of general property (general larceny) (no person who has any special sentencing factor];

2. The decision of sentence (the choice of punishment, the suspension of execution) was made by the Defendant continuously committed a fine due to larceny since 2000, and even though the Defendant continued to commit the crime of larceny, it is difficult to find a certain interval in the Defendant’s continuous larceny.

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