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(영문) 대전지방법원 천안지원 2017.11.24 2017고단1573
절도
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 2, 2017, the Defendant, at the “E store operated by the victim D” located in Nam-gu, Nam-gu, Chungcheongnam-gu, the Defendant: (a) entered the said store under the pretext that the F works for the said store was flick; and (b) placed two cell phoness equivalent to the market price of KRW 2,021,80 in storage of other cell phoness in the above store; (c) and (d) committed theft including theft of these two cell phoness from that time to April 27, 2017, as indicated in the list of crimes in the attached Table, all of which were nine cell phoness worth the total market price of KRW 9,610,700, total market price of KRW 4 times from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, and F;

1. Inventory for inventory;

1. Police seizure records and list of seizure;

1. Answers on results of digital evidence analysis;

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

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. Crimes No. 1 [the scope of recommendations] for the reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of the community service order and Article 62-2 of the community service order / [the scope of punishment / [the scope of recommendations] for the crimes No. 2 (Type 4] for the mitigated area (the scope of punishment / the special mitigated person] for the purpose of intrusion to the general property outside the indoor residential space / [the scope of punishment ] for the mitigated area (8 months to 1 year and 6 months) for the theft against the general property / [the scope of recommendations] for the crimes No. 3 (Type 4) for the victims of general property / [the scope of punishment ] for the mitigation area (8 months to 1 year and 6 months) for the theft against the general property / [the amount equivalent to the total amount of punishment to be returned to the victim during the suspension of execution of execution of execution of execution of execution of execution of execution of execution of punishment for the cell phone / [the total amount of punishment to be returned to the victim]

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