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(영문) 서울남부지방법원 2015.09.16 2015고단2795
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

At around 13:15 on May 14, 2015, the Defendant: (a) cut off five panty panty lines equivalent to KRW 50,000 at the display stand in the event site of the D parking lot, a victim company located in Geumcheon-gu Seoul Metropolitan Government, with surveillance of E, who is an employee in charge of managing the event site, at the event site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim in preparation of E;

1. A witness's statement in the G preparation;

1. Investigation report (CCTV analysis, etc.);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims and witnesses);

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

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. From April to October of the scope of the recommended sentence on the sentencing criteria: Imprisonment for not less than four months (the thief group, the theft against general property, the theft against general property, the second category, and the mitigation area (special mitigation factors): Imprisonment for not more than two months;

2. The Defendant, who was sentenced to punishment, had been punished several times including the same criminal record, and, in particular, even though he was punished for the larceny of the same act as the instant crime, he committed the instant crime even though he had been repeatedly punished three times or more.

The circumstances after the crime are not good, such as denying the defendant's continued to commit the crime even after arrest.

Although a strict punishment should be imposed against the defendant, the defendant's mistake has been divided later, and the damage caused by the crime of this case has been insignificant, and the damage has been recovered and the damage has been recovered.

The defendant does not want the punishment of the defendant by agreement with the victim.

The sentence shall be determined as ordered in consideration of the above circumstances.

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