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(영문) 서울중앙지방법원 2016.09.29 2016고단5391
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 2, 2016, around 06:12, the Defendant discovered that the victim C was under the influence of alcohol and was diving on the bench in front of the fact that the department store was located in 209, Seocheon-ro, Seoul Special Metropolitan City.

As a result, the Defendant committed a crime under the cryptive crypous crypous crypous crypation of his belongings while cryping the victim cryping it with his crypation, and attempted to commit a crime under the cryption.

그리하여 피고 인은 위 일 시경 피해자에게 접근한 후 같은 날 06:25 경까지 행인의 시선을 의식하며 잠이 든 피해자 주변을 배회하거나 발로 피해자의 신발을 차 보는 등으로 기회를 노리다가 피해자 곁에 앉아 몸을 만지면서 훔칠 물건을 물색하고, 그 과정에서 피해자를 발견할 당시 위 벤치 아래 길바닥에 떨어져 있던 피해자 소유의 듀퐁 라이터 1개 시가 50만 원 상당을 집어 갔다.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against C;

1. A photograph of a CCTV image to be cut;

1. Police seizure records;

1. Application of Acts and subordinate statutes of each investigation report;

1. The grounds for sentencing under Article 329 of the relevant Act and Article 329 of the Criminal Act for criminal facts and Article 329 (Selection of Imprisonment) of the Selection of Punishment Act have a history of serving a sentence for the same kind of crime, on the other hand, the victim is recovered and there is no actual property damage, and the defendant acknowledges his/her mistake, taking into account other factors such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., and determine the punishment as ordered within the sentencing criteria.

It is so decided as per Disposition for the above reasons.

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