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(영문) 서울남부지방법원 2017.08.24 2017고단256
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on August 27, 2015, and the judgment became final and conclusive on June 4, 2015.

"2017 Highest 256"

1. The Defendant committed the crime against the victim C around January 3, 2017: (a) placed in the “E” clothes store operated by the victim C on the Gangseo-gu Seoul Metropolitan Government D and the first floor, Gangseo-gu, and the first floor, in a vinyl store where the victim had one to fill the gap of 49,000 won at the market price, and stolen it.

2. On January 3, 2017, around 13:32, 2017, the Defendant: (a) placed the victim F’s “H” clothes store operated by Gangseo-gu Seoul Metropolitan Government G and 1st floor; (b) placed the victim’s in a display stand outside the store outside the store where the victim’s surveillance was neglected; and (c) cut off the victim’s plastic bags with one pre-owned 1,99,000 won at the market price.

around 01:15 on May 23, 2017, the Defendant: “K” store managed by the victim JJ on the first floor of Jung-gu Seoul, Jung-gu, Seoul on May 23, 2017; and: (a) with the victim’s response to other customers, the Defendant stolen the vehicle with the primary source point equivalent to KRW 215,00,000, which was suffering from the display stand by the store passage.

Summary of Evidence

"2017 Highest 256"

1. Statement by the defendant in court;

1. A written statement of C and F;

1. The 2017 Highest 3223 of the damaged photograph;

1. Statement by the defendant in court;

1. Written Statement;

1. Preliminary records of damaged articles;

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes to an investigation report (report on previous convictions and results of confirmation);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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 reason for sentencing under Article 62(1) of the Criminal Code of the Republic of Korea has been already punished by the previous force, each of the crimes committed during the probation period is not good.

(b).

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