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(영문) 서울남부지방법원 2020.01.15 2019고단5275
절도등
Text

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

Reasons

Punishment of the crime

1. A thief, October 13, 2019, the Defendant: (a) concealed two thiefs in the outer inputs where the victim E (30 years of age) who was an employee in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Hospital “D” store was neglected to observe the surveillance of the victim E (30 years of age) in the “D” store; and (b) concealed two thiefs in the outer inputs where the market price was over 2,000 won.

2. The Defendant assaulted the victim by putting the victim head four times in his hand at the time, place, and place mentioned in paragraph 1, stating that “I am out of the store, without any calculation of why I am flick.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. From among concurrent crimes, the circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are recognized by all of the defendants.

The amount of thief damage is minor, and the degree of violence is not much severe.

The defendant was punished 24 times as a crime related to violence (one-time imprisonment, two times as a suspended sentence, and 21 times as a fine), not only 44 times as well as 44 times as criminal records, but also re-offending a crime while under suspended execution due to violence.

Examining the criminal records of the previous criminal defendant and the contents of the crime in this case, even though the defendant was fully aware of the violence inclination during his taking, there seems to be no intention to improve his character and behavior by drinking alcohol and repeating the crime, and the risk of recidivism is very high.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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