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(영문) 서울북부지방법원 2017.09.29 2016고단5153
절도
Text

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

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

Reasons

Punishment of the crime

On September 23, 2016, at around 23:30, the Defendant: (a) committed a theft with 60,000 U.S. dollars, which are owned by the victim’s seat adjacent to the victim, due to the gaps in the erode of the subway No. 1 located in the subway No. 341, the subway No. 341, the subway No. 1, Seoul Special Metropolitan City, Nowon-gu, caused the damage that the victim B was negligent in locked due to his neglect; and (b) committed a theft with 60,000 U.S. dollars.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the nature of the crime in this case is not less severe in light of the content of the crime in this case, and the defendant has the record of having been sentenced several times of punishment, such as punishment and suspension of execution, etc. for the same crime in this case. Meanwhile, the value of the theft in this case is not higher than the value of the stolen in this case, the damage was discovered at the site, and the damage was immediately recovered, and the victim did not want the punishment against the defendant, and the punishment was determined as ordered by considering the overall circumstances and sentencing criteria

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