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(영문) 서울동부지방법원 2019.10.14 2019고단2620
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 4, 2019, the Defendant: (a) around 07:57 on August 4, 2019, the Defendant: (b) opened and entered a driver’s seat of the victim C, which is parked in the Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government Blet parking lot; (c) committed theft with approximately KRW 9,000 in cash located therein.

2. On August 15, 2019, around 07:27:27, on August 15, 2019, the Defendant: (a) opened and entered the victim F’s G K5 taxi G K5 taxi parking lot in Songpa-gu Seoul E-building, and subsequently stolen KRW 77,000 in cash in the said area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F and C’s respective Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. The scope of recommendations according to the sentencing guidelines [the decision of types] the scope of larceny [the second category] general larceny [the person who is a special person] - the mitigated element: Living penalty, mental and physical disability [the area of recommendations and the scope of recommendations] special mitigation range, 2-10 months to 2-10 months [the general person] mitigation element: serious reflection [the grounds for suspension of execution of sentence] - Major pride factors: Living penalty - General pride reasons: Damage minor and serious reflection.

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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