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(영문) 서울남부지방법원 2019.10.16 2019고단2344
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 17, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Daegu District Court on June 201, and the judgment became final and conclusive on January 25, 2019 and is still under probation.

【Criminal Facts】

1. On May 1, 2019, the Defendant, at the “C” clothing store located on the second underground floor of the Yeongdeungpo-gu Seoul Metropolitan Government B department store, Yeongdeungpo-gu, Seoul, with a 79,000 won, which is the market price managed by the victim who has been displayed there by taking advantage of the gaps in surveillance of the victim D, who is a manager, was stolen.

2. On May 6, 2019, the Defendant: (a) stolen at the “F” clothing store located on the third floor of the department store in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with two tables in the aggregate amounting to KRW 178,000 in the market price managed by the victim G, who was displayed there due to the distortion of surveillance by the victim G, a manager.

3. On May 6, 2019, the Defendant: (a) committed a theft with 1 set of lock clothes equivalent to 39,000 won in the market price managed by the victim, displayed at a place where the victim H, a manager, was negligent in monitoring at the 1st underground floor of the above E department store; (b) around May 6, 2019, the Defendant: (c) committed a theft.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, G and H;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports, judgment, application of summary order-related Acts and subordinate statutes;

1. Relevant Article 327 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent criminals was that the thief of this case was returned to the victims, and that there was an agreement with the victims are favorable circumstances.

However, the defendant had been punished for the same crime six times, and the criminal liability is heavy in that he/she committed the crime of this case over three times during the period of probation for the same crime.

In addition to the instant case, the Defendant is also a separate larceny case in Seoul Southern District Court on March 29, 2019.

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