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(영문) 서울남부지방법원 2018.07.11 2017고단5596
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

around October 17, 2017, the Defendant: (a) committed a theft of KRW 70,000,00, which is the cash owned by the victim, in the case of telephone call in the victim’s seat located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “D convenience store”); (b) around October 17, 2017, the Defendant: (c) committed a theft of KRW 70,00,000, in cash, within the victim’s portable telephone system.

During the period from October 23, 2017 to October 13, 2017, the Defendant collected 50,000 won in cash owned by the victim F in Yangcheon-gu Seoul Metropolitan Government from the G convenience store operated by the victim F in Yangcheon-gu to October 13, 2017.

(v) A theft was committed.

Summary of Evidence

[2017 Highest 5596]

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on hearing statements of victims;

1. Voluntary accompanying report (2018 high group 2765);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. The results of the reproduction of CCTV video files;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abstinence of intention and choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 Crimes [Scope of Recommendation] th th th th th th th th th th th th th th th th th th th th th th th th th th th th (general larceny)

B. Class 2 Crimes / [Scope of Recommendation] th th th th th th th th th th th th th th th th th (General th th th th th th th th th th th th

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. Circumstances unfavorable to the decision of sentence: The Defendant committed each of the instant offenses even though he/she was subject to criminal punishment several times due to the same thief crimes. No particular damage was incurred.

The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.

The amount of damage is not significant.

In addition to the above circumstances, the defendant was one month.

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