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(영문) 서울동부지방법원 2019.05.13 2019고단848
절도
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2019, the Defendant: (a) around 19:52 on March 16, 2019, the victim C, who was a customer from the mobile phone sales store located in Gwangjin-gu Seoul Special Metropolitan City, was 80,000 won in cash, which he opened on the table, and stolen the wall face value of KRW 20,000 in the market price containing a driver’s license or credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on locking photographs;

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

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

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the decision of types] [the thief] general larceny [the 2th category] general larceny [the 2nd punishment] - the mitigation element: the mitigation area [the recommendation area and the scope of recommendations] mitigation area], the mitigation area, the imprisonment for not less than 4 months to 10 months [the general person] - the mitigation element: If considerable damage has been recovered, the serious reflective nature [the grounds for suspension of execution] - Major pride (including serious efforts to recover damage or recover damage] - The major reason for suspension of execution: The serious reflective nature - the general pride reason: the suspension of execution at least twice;

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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