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(영문) 서울남부지방법원 2013.09.10 2013고단2031
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 3, 2013, around 07:28, 2013, the Defendant: (a) around 07:28, 2013, the Defendant: (b) around the 2nd floor of Gangseo-gu Seoul Metropolitan Government, carried out a game by a victim D, who was sitting in a side door from the Cpcsection in Gangseo-gu, Gangseo-gu, Seoul; (c) had one of Samsung Ggalthon 2 smartphones in the market value, which is the victim’s possession, located between a computer monitor and a keyboard on the locked book.

Accordingly, the defendant stolen the victim's property.

2. On April 29, 2013, the Defendant: (a) around 17:42 on April 29, 2013, 2013, the victim G, who was sitting in the side from Fpcam located on the first floor of Gwanak-gu in Seoul Special Metropolitan City, was holding one of Samsung 2 smartphones worth KRW 1 million at the market value of the victim, which is the victim’s possession of a string space.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. Application of Acts and subordinate statutes of D;

1. Article 329 of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Reduction of crimes No. 1 in its holding (Specially Convicted Persons): No crime against whom no one shall be punished [the scope of recommendations] from six months to one year (the area of mitigation of larceny against general property);

2. Reduction of crimes No. 2 in its holding (Specially Convicted Persons): No crime against whom no one shall be punished [the scope of recommendations] from April to October (the area of mitigation of general larceny against general property);

3. Scope of modified recommendations as a result of the aggravation of multiple offenses: From six months to one year and five months.

4. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years, community service order for 120 hours, which has been committed repeatedly, and the crime of this case has been committed repeatedly despite the record of the same kind of crime, lack of social ties, etc.; the crime is deemed to have been committed to prepare living expenses in the state of runaway; damage is relatively minor; and some victims are victims.

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