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(영문) 수원지방법원 2017.05.25 2017고단1604
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 October 27, 2016, the Defendant, at around 00:50, stolen the victim’s property from the “F E” operated by the victim E located in Suwon-si, Suwon-si, by taking advantage of the gaps in the victim’s management neglect, one of the total market price of KRW 49,000,000, which is the victim’s possession outside the said Mat and displayed outside the said Mat, using the gaps in the victim’s management negligence.

In addition, from around that time to January 13, 2017, the Defendant stolen the victim’s property worth totaling KRW 3,374,780 over 27 times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. Reporting on occurrence of a disaster;

1. Other closures of each ctv;

1. Each protocol of seizure and each list of seizure;

1. As to the investigation report (as to theCCTV image analysis)

1. Investigation report (with respect to the analysis of stolen CCTV images on November 04, 2016, November 05, 2016)

1. Investigation report (CCTV analysis, November 7, 16, November 14, 16),

1. Investigation report (CCTV analysis on November 16, 16, November 21, 16, November 23, 16, November 29, 16);

1. Investigation report (CCTV analysis on November 30, 16, December 01, 16, December 02, 16, December 06, 16)

1. Investigation report (CCTV analysis result, December 11, 16, December 14, 16),

1. Investigation report (as to the analysis of CCTV images from December 24, 2016 to January 13, 2017):

1. Investigation report (Correction of damaged items on January 4, 2017);

1. Application of Acts and subordinate statutes to investigation reports (as to the specification of adding damaged articles);

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

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, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Class 1 crime [the scope of recommending punishment] 2 (General thief) mitigated area (from April to October) (a person who has been specially mitigated) mitigated area (a person who has been subject to special mitigation)

B. The mitigated area of Type 2 (General thief)(General thief) for the theft of general property (the scope of recommended punishment).

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