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(영문) 서울남부지방법원 2018.08.13 2018고단1455
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

around 209:40 on March 2, 2018, the Defendant cut off the victim’s 'D restaurant operated by the victim C' in the Gangseo-gu Seoul Metropolitan Government apartment commercial building by 'D restaurant', which is operated by the victim C in the Gangseo-gu Seoul Metropolitan Government apartment building, with the 2-line 1,00 square meters on which the market price owned by the victim cannot be known near the back of the 2-round 1, 2018.

The Defendant, at around 14:00 on December 20, 2017, displayed in the store in Gangseo-gu Seoul Metropolitan Government E at around 20, 2017.

The amount of 58,030 won of the 13 healthy area was stolen by putting it in the main machine using a cre in which the management of the victim G was neglected.

around 04:20 on April 06, 2018, the Defendant: (a) transferred 50 steel scraps in the market price, which the victim J was placed in the finger-gu Seoul Gangseo-gu Seoul Metropolitan Government H Apartment I, to its cart and stolen 50 steel scraps in its cart around 04:20.

Summary of Evidence

"2018 Highest 1455"

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of damaged articles 2018 Mano 2029;

1. Statement by the defendant in court;

1. G statements;

1. Photographss and receipts of damaged articles 2018, group 2406;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of J;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) The mitigation area (4 to 10 months) of the mitigation area (4 to 10 months) of Class 2 (general larceny) for general property; 2029 high group 2029 / [the scope of recommending punishment] of mental and physical weakness (no one responsible for himself/herself);

(b) The mitigated area (one to six months) of the mitigated area (one-six months) for the theft against general property (the theft against neglected water, etc.) (one-six months) (the special mitigated person), 1455, 2406, 2406, 406;

(c) The scope of final sentence due to the aggravation of multiple offenses: April to January; and

2. Circumstances favorable to the determination of sentence: The scale of damage was not significant and all damaged articles were recovered;

. against the Defendant.

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