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(영문) 서울서부지방법원 2017.12.14 2017고단1829
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around 10:30 on May 31, 2017, 2017, hereinafter “2017 Highest 1829”) stolen the victim’s cresh in the “E Et” of the victim’s D operation located in Eunpyeong-gu Seoul Metropolitan Government, by putting the victim’s cresh in the display stand amounting to KRW 2,40,00, the market price of the victim’s possession.

around 1:30 on September 16, 2017, the Defendant: (a) laid down one of the joints of 1,700 won at the victim’s display stand located in Eunpyeong-gu Seoul on the part of “H” store operated by the victim G in Eunpyeong-gu Seoul on September 16, 2017; (b) laid down one of the joints of 1,700 won at the victim’s market price, which was located in the display stand; and (c) laid down one package of b,00 won at the market price.

Summary of Evidence

"2017 Highest 1829"

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of damaged articles 2017 Mano 3080;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A crime of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, Article 44-2 of the Act on the Medical Care and Custody, Etc., and Article 1 of the need for medical treatment [the scope of the recommended punishment] Class 2 of the Special mitigated Area (2.10 months to general property) [where a person subject to special mitigation intrudes into a place other than an indoor residential space (4 types), mental or physical weakness (no one is responsible for himself)]; and Article 2 of the Non-Punishmentd Area of Special Mitigation [the scope of the recommended punishment] of the Special mitigated Area (2 months to October) [the scope of the punishment] of the Special mitigated Area (2 months to 10 months for general larceny) [the case where a person subject to special mitigation intrudes into a place other than an indoor residential space]; the scope of final punishment according to the aggravated majority of the punishment non-permanent crimes: February 1 to 3 [the scope of punishment may be sentenced again or the suspension of indictment has been imposed again.

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